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Persian 



Heritage 



Series 



Ehsan Yarshater 
General Editor 
Number 39 



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h:tj'-. 






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v „f K Thousand Judgements 
The Book of A \" Book) 

(A Sasanian Law 




Bibliotheca Persica consists of: 

Persian Heritage Series, translations of Persian classics : ::% 

Persian Studies Series, monographs on Iranian Studies . ;■■' 
Modern Persian Literature Series, translations of modern Persian writings V; 

■" "-'liV!:" 

Persian Text Series, critical editions of Persian texts >j)y. 

Columbia Lectures on Iranian Studies :;- 
Tabari Translation, an annotated translation in 39 volumes of al-Tabari's 
universal History 



•m?& 



■ ^s-' 







ST. PETERSBURG BRANCH OF THE INSTITUTE OF ORIENTAL STUDIES, 

RUSSIAN ACADEMY OF SCIENCES 

CENTER FOR IRANIAN STUDIES, COLUMBIA UNIVERSITY, 

NEW YORK 




Wi 



Farraxvmart 1 Vahr 



THE BOOK 
OF A THOUSAND JUDGEMENTS 

(A SASANIAN LAW-BOOK) 



Introduction, Transcription and Translation of the Pahlavi Text, Notes, 

Glossary and Indexes 
by 

Anahit Perikhanian 

(St. Petersburg Branch of the Institute of Oriental Studies, 
Russian A cademy of Sciences) 

Translated from Russian 

by 

Professor Nina Garsoian 

{Columbia University, New York) 



Mazda Publishers 

in association with 
Bibliotheca Persica 

Cos La Mesa, California and New York 



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Mazda Publishers 

Academic publishers since J 980 

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http://www.ma2dapub.com 

Copyright © 1997 by Persian Heritage Foundation 

Al! rights reserved. No part of this publication may be reproduced or transmitted in any form 

or by any means without written permission from the publisher except in the case of brief 

quotations embodied in critical articles and reviews. 

Library of Congress Cataloging-in-Publication Data 

Madigan T Hazar Dadistan. English 

The Book of A Thousand Judgements: A Sasanian Law Book 

Introduction, transcription and translation of the Pahlavi text, notes, glossary and indexes by 

Anahit Perikhanian; translated from Russian by Nina GarsoYan. 

p. cm. — (Persian Heritage Series; No. 39) 

At head of title: St. Petersburg Branch of the Institute of Oriental Studies, Russian Academy of. 

Sciences, Center for Iranian Studies, Columbia University, New York. 

ISBN: 1-56859-06I-X 

(hardcover: alk. paper) 

1. Law — Iran — History — Sources. 2. Sassanid.s — Legal status, laws, 
etc. — Iran — History — Sources. 3. Iran — History — to 640 — Sources. 4. Pahlavi language — Texts. 

I. Perikhanian. A.G. (Anahit Gcorgievna). II. lnstitut vostokovcdcniffi (RossiT.skaia akademiia 

nauk). Sankt-PcterburgskiT filial. III. Columbia University, Center for Iranian Studies. IV, Title. 

V. Tille:Farraxvmart T Vuhraman. VI. Series: Persian Heritage Scries (Zurich, Switzerland); Nr. 39. 

KL5314.M3413 1997 

349.55 — dc21 97-10185 

CIP 




mm 

f" J ! Yl' 



CONTENTS 

GENERAL EDITOR'S NOTE 6 

PREFACE TO THE ENGLISH EDITION 7 

INTRODUCTION 9 

NOTES TO THE INTRODUCTION IS 

LIST OF CHAPTERS 21 

TEXT AND TRANSLATION 25 

Hataria Manuscript 26 

Anklesaria Manuscript 246 

NOTES TO THE TEXT 322 

GLOSSARY 331 

INDEXES 409 

A Rare and Unidentified Spellings 411 

B. Avestisms 412 

C. Texts cited in the Law-Book 414 

D. Fire-Temples 414- 

E. Offices and Institutions 416 

4 

F. Names of Persons 416 

G.Toponyms 419 

ABBREVIATIONS 420 

BIBLIOGRAPHY 426 



GENERAL EDITOR'S NOTE 

The Sasanian Law-Book or The Book of A Thousand Judgments is a unique 
document about the Sasanian legal system. Prior to being converted to Islam 
in the second half of the 7th century, Zoroastrian Persia had developed a 
sophisticated legal system under Sasanian rule (226-651 C. E.); it 
possessed, however, no formal legal code but, rather, collections of legal 
cases and decisions that could serve as guides to judges and others. The 
Sasanian Law-Book is the sole example of such a collection that has reached 
us and, thus, it is the most important source for. our knowledge of the laws 
of Sasanian Persia. It is important not only for the study of Sasanian society 
and institutions, but also for the comparative study of Judaic and Islamic 
laws, as both have in certain periods been influenced by Sasanian law. 

Dr. Anahit Perikhanian, a foremost scholar in the field of Iranian philology 
as well as social and administrative institutions of Persia and Armenia in the 
Parthian and Sasanian periods, published an edition and a translation into 
Russian of the Sasanian Law-Book in 1973. As she explains in her Preface, 
Dr. Perikhanian has now incorporated further research on the Law -Book 
into this new version with a view of providing the students in the field with 
as reliable a text, translation and commentary as our present knowledge of 
Middle Persian and Sasanian life and culture permits. The uauslation into 
English has been expertly prepared and edited for the Persian Heritage 
Series by Professor Nina Garsoi'an, Avedissian Professor Emerita of 
Armenian History at Columbia University. 

In .1995 Dr. Perikhanian was invited by the Center for Iranian Studies, 
Columbia University to deliver a series of lectures on "Iranian Law of 
Property during the Sasanian Period" based on the Sasanian Law-Book. As 
the content of the lectures will be found in more elaborate form in this 
volume, it also serves as No. 9 in the Columbia Lectures in Iranian Studies 
Series. 

The publication of this book follows an agreement between the Center for 
Iranian Studies, Columbia University, and the St. Petersburg branch of the 
Institute of Oriental Studies of the Russian Academy of Sciences, where Dr. 
Perikhanian is a Senior Research Fellow. 

E. Yarshatcr 



PREFACE TO THE ENGLISH EDITION 



The first scholarly edition of this Pahlavi text with an Introduction, a Russian 
translation and an indexed Glossary was published in Erevan in 1973. Immedi- 
ately after it came out, I received an offer to publish — within the Persian Heri- 
tage Series — an English version of it with a view of making available to a wider 
group of scholars the valuable material on Sasanian legal, administrative and 
social institutions contained in this unique document. My English being inade- 
quate to the purpose, Professor Nina Garsoian (Columbia University, New 
York) kindly consented to provide an English translation of the Russian text in 
the Erevan edition. The English version — with a number of corrections and 
structural changes — was ready for the press in 1976. Its publication, however, 
has been long delayed for reasons that are of no interest here. 

During the period of over twenty years that have elapsed since 1973 my in- 
terest for this text and its problems, both legal and philological, has never less- 
ened and, as a result, several articles and a monograph on Iranian Society and 
Law under Arsacids and Sasanians have been published by me in the interval. 
Consequently it has become inevitable to introduce important changes in prac- 
tically every part of the work; in die Glossary, many entries have had to be writ- 
ten afresh. 

Here — as in the Russian edition — the system used by Chr-Barihcflomae 
and his school, as well as by H. S. Nyberg, H. VV. Bailey and E.Benveniste, has 
been chosen for the presentation of the Pahlavi texL Despite its many inconse- 
quences and its remoteness from the phonological .state of the Late Sasanian 
Middle Persian, this system of transcription seems preferable to me for it is 
much closer to traditional Pahlavi spellings. 

A.s in the Russian edition, here too for l Jit: translation of Pahlavi legal 
terms die terminology of die non-rceeptioned Roman Law is used, following 
the common practice in European works on comparative Liw. But some spe- 
cifically Iranian technical terms [a. g. slur, cakar, magttpat) have been tran- 
scribed in italics rather titan translated into English. In certain cases, technical 
terms with several meanings (<-. g. cinsla/Jar) have been given varying translations 
suited to particular contexts, fn all such cases and many others, the technical 
terminology has been elucidated further in iln: Glossary. Reconstructed or con- 
jectural entries in llu: Glossary have invariably been marked with an asterisk. 



7 



PREFACE TO THE INGUSH EDITION 



The following symbol s h;ivc been used: 

( ) — parentheses incJicaLc restorations of die missing words in tin- lext 
and editorial clarifications; 

[ ] — square bracked indicate die reconstruction of lacunae; 

{ ) — pointed brackets indicate errata, repetitions and redundant izafa\. 
They arc also -used for intrusive characters, as well as in die case of 
(k) in Pahlavi rendering of Id I in Avestan compounds; 

/ — the dash indicates variants; 

+ — a cross at the right end of a word marks an incorrect spelling 
in the ms. 

The underlined k, L, s denote Av. y, 5, 9 in the Pahlavi renderings of 
Vvestan terms. 

Because of the greater inflexibility of the English sentence structure, it has, 
unfortunately, proved impossible to preserve in the English translation the lin- 
ear parallelism maintained between the text of the facsimile edition and the 
Russian translation. 

I owe a great deal to my teacher Professor Igor DiakonofT: to him, the god- 
Eather of the Russian edition of this text, my thanks are reiterated here. My 
thanks are likewise due to the Persian Heritage Series and to Professor 
E. Yarshater for accepting the sponsorship of this work. It is a pleasant duty to 
express my gratitude to my friend Professor Nina Garsoian for having kindly 
given a lot of her time to the hard task of translating my work into English. 
Since her English translation has been thoroughly checked and corrected by 
me, I ana solely responsible for even' error the users of the present edition 'will 
find in it Finally, my thanks are due to Mr Oleg Shakirov (St. Petersburg) for 
his great care in the type-setting of this book. 

Anahit Perikhanian 



histituU: of Oriental Studies, St. Petersburg 



INTRODUCTION 



The Manuscript 

European scholars first learned of die existence of a manuscript of die Book of 
A Thousand Judgments or Sosanian Lcnv-Book from, the notices of J. Darmesteter 
and E. West [1]. The text of this document has reached us in a single, defective, 
and relatively late manuscript copied in Iran in the XVTIth century. In 1872, the 
Parsi scholar, T. D. Anklesaria purchased twenty folios of this manuscript in 
Iran and took diem to Bombay. After .Anklesaria had prepared a copy of these 
folios for a facsimile edition, it became known that fifty-five additional folios of 
the same manuscript had been purchased by M. L. Hataria and were preserved 
in his library. These included the initial folio giving the tide of the work and 
the author's name. This portion of the manuscript was taken to Bombay, to- 
gether with die rest of Hataria's library, and a facsimile edition with an Intro- 
duction by the well-known Parsi scholar, J. J. Modi, was brought out in Poona in 
1901 [2]. The facsimile edition of the twenty folios collected by 
T. D. Anklesaria was finally published in 1912 — likewise with an Introduction 
by J. J. Modi [3]. 

As is evident from a number of formal indications, all seventy-five folios — 
the 55 of the former Hataria collection (= Part I) and the 20 of the Anklesaria 
collection (= Part II) — belong to the same manuscript; they are written in the 
same hand, on the same paper, and normally contain seventeen lines on a side. 
An indication of the date is to be found in a Persian gloss in the margin of one 
of the folios (p. 98 of the Facsimile edition) which reads as follows, 

This book was given by the daughter of Asfandyar Nosirvin to her ... 
(one word illegible) R.ustam Nosirvan Bamanvar in exchange for the 
book oT Yalts (and) of die Vufjnrad, and die sum of one: thousand dinars 
was also conveyed to him in full setdement of the account. Written on 
the day Co/ of the mondi Attar, in the year 1006 ofYazdkart. 

Consequendy, the year 100G ofYazdkart (= A.D. 1637) must be taken as 
the terminus ad quern for tins manuscript. The other notes added by various 
owners of the manuscripts (pp. 103, 109) are devoid of interest. 

The facsimile editions of bodi parts of the manuscript reproduce the se- 
quential order assijrnod to die folios during die second half of the last century 



INTRODUCTION 



at the: time when they bc:c.;iinc part of the private: collections of M. L. H;iL-tria 
and T. D. Anklesaria. Page numbers were ihe only addition made for publica- 
tion. As J. Modi already no Led in hi.s Introduction, however, this sequence did 
not correspond to die original order of the folios in the tcxL Thus, owing to 
die confusion in die sequence of die folios in Part I (= the Hataria ms.) the be- 
ginning of the Lcrw-Book a-ppcars on page 79, i. e. on folio 40a of the sewn 
manuscript- The prior Persian numbering still appears on the majority of the 
folios, but several have Lom-ofT corners so that this indication is now Iosl The 
original sequence of folios was preserved only in Part II (= the Anklesaria ms.) 
despite occasional errors in numbering (e. g. two pairs of folios are marked 84 
and 89 respectively). A number of folios are missing altogether; these add up to 
no less than fifty folios or some forty percent of the original text. Finally, the 
surviving portion of the manuscript contains folios in a very poor state of pre- 
servation and numerous sections are riddled -with worm holes. 

Throughout the Law-Boak, except in the Prologue of the author or rather 
die compiler, the material is set out in "articles" containing legal cases and 
their decisions. The "articles" are grouped in chapters bearing tides which re- 
flect the main subject treated in them [4]. Rarer are cases where the tide corre- 
sponds Lo some formal unifying criterion determining the selection of articles 
grouped in the given chapter [5]. It must be noted, however, that the content 
of an article does not always correspond to the tide of the chapter in which it is 
found. Moreover the legal aspects subsumed in a single article of a particular 
chapter are unquestionably far richer and broader than the set of problems 
specified in the tide of the chapter. Next to each tide, an abjad number indi- 
cates the position of the chapter within the order of chapters in the complete 
manuscript of the Law-Book. In a few T cases (four in all) this sequential number 
has been left oul No general rule governs the position of this number which 
appears indiscriminately before or after, above or below the tide of the chapter. 
This lack of uniformity is an indication that the numbering of the chapters did 
not take place at the time when the manuscript was copied, but was added sub- 
sequendy. Nevertheless., insofar as this numbering was intended for the com- 
plete text before the alteration in the order of the folios, it gives the possibility 
of restoring the initial sequence of chapters and of gaining a clearer idea of ,the 
original size of the document- 
In his Introduction to the facsimile edition of the Hataria collection, 
J.J. Modi gave considerable attention to the restoration of the correct sequence 
of folios in botii parts of the manuscript. The copy of this edition formerly be- 
longing to Carl H. Salemann (now in die library of die Oriental Institute of the 
Russian Academy of Sciences in Si_ Petersburg) contains a manuscript table, in 
-Salemann* s own hand, giving the original order of die folios. This table has 
.been included in the present edition together witii a few additional precisions 
and a translation of Salemann' s German indications. The table also gives a 
clear picture of die position of die Anklesaria folios widiin the complete manu- 
script 

Both parts of die Sasanian Lcnv-Book are now in the keeping of the 
K. R- Cama Oriental Institute in Bombav. 



10 



INTRODUCTION 



SEQUENCE OF FOLIOS 

(According' to the Table of Carl H. Salemann) 



Number 

of Missing 

Folios 


Persian 
Numbe- 
ring 
of the 
Ms. 


Pagina- 
tion of 

the Fac- 
simile 

Edition 


Numbering of 
the Chapters 


1 7 folios < 
V 

1 folio { 
1 folio { 

1 folio { 

2 folios | 

1 folio { 

2 folios | 
2 folios \ 
1 folio | 

1 folio { 
1 folio | 
1 folio ( 


Hataria manuscript 


CD 


79—80 


(Incipit) 


— 


75—76 


vn 


20—25 


1—12 


rxvrj— xxn 


(26) 


83—84 




28—29 


13—16 


xxm 


31—34 


17—24 


XXV— XXVI 


36 — 41 


25—36 


xxvn— xxx 


44-^5 


37—40 


xxxm 


(46) 


85—86 


xxxrv 


48—51 


41 — 48 




54 


49—50 




57 


51—52 




59—61 


53—58 


xxxvm— xl 


62—63 


59—62 


XLI 


64 


63—64 


xlo 


66 — 67 


65 — 68 


XLJH 


70 


69—70 





Number 

of Missing 

Folios 


Persian 
Numbe- 
ring of the 
Ms. 


Pagina- 
tion of the 
Facsimile 

Edition 


Numbering 
of the Chapters 


I 
1 folio | 

at least J 
1 folio 1 

at least r 

i folio 1 


72 


71—72 


XLV— XL VI 


— 


73—74 


Numberless 


— 


75—76 


XLVH 


Anklesaria manuscri.pt 


74—75 


1—4 


from (XLVC bis) 
+ 

XLvm 

to LI 


76—84 


5—22 


84 bis 


23—24 


85—89 


25—34 


LH— (LID) 


89 bis— 91 


35—10 


arv) 


Haiaria manuscript 


93—94 


99—102 




— 


103—110 


i 


Out of sequence 




77—78 


} 


81—82 


87—88 


89—90 


91—92 
97—98 



11 



INTRODUCTION 



The Author and Date of the Text 

In his Prologue Lo the Law-Book (see 79, 3 — 13) the compiler records both his 
own name: Farraxvmart son of Vahram (Farraxvmart J Vahraman) and the title 
of his work: "The Book of A Thousand Judgements" (Matakdan J Hazar Datastan). 
The compiler gives no further information about himself or his period; at least, 
none is to be found in the surviving folios. Soon after the discovery of the 
manuscript, J. Darmesteter (see note 1) suggested a ninth century date for the 
texL This conclusion was based on the identification of the name Yuvan-Yam, 
one of the authorities cited by the compiler of the Lav'-Book, with that of the fa- 
ther of the two well-known Zoroastrian figures of the ninth century, Manuscihr 
and Zatspram. More recently, however, Mary Boyce [6] rightly observed that 
the coincidence of names does not necessarily imply the identification of the 
two personages. This conclusion is supported by the fact that in the entire Law- 
Booi'there is not a single piece of direct or indirect evidence pointing to a pe- 
riod beyond the limits of the Sasanian era; not a single fact is characteristic of 
Post-Sasanian Iran. There is, moreover, good reason to believe that the text was 
composed before the fall of the Sasanian state. Thus, all the titles found in the 
"Chapter regarding the Competence of Officials" [LII], as well as in other 
chapters, belong to the Sasanian milieu. The same is true of all the terminology 
pertaining to administrative-territorial divisions. Furthermore, the compiler of 
the Law-Book refers to a series of Sasanian official regulations as to still opera- 
tive norms; these could obviously not have remained in force after the fall of 
the Sasanian empire. He cites royal decrees of Kavat and Xusrav I Anosakruvan 
regarding official seals, i. c, the regulations set down in official instructions 
which were sent out to the sahrs for the information of judicial authorities; de- 
crees issued by administrative bodies are also mentioned. The compiler appar- 
ently lived in Pars — as is obvious from the toponyms found in the text, the ma- 
jority of which are located in this province — and his principal residence seems 
to have been the city of Gor (modern Flruzabad). References to historical fig- 
ures, especially to rulers, as well as to dated documents preserved in the ar- 
chives of the city of Gor and in its court records make it possible to determine 
the period in which he was working and in which the Lenv-Book was compiled. 
The latest document mentioned in the surviving portion of the text is dated in 
the twenty-sixth year of Xusrcrv i Ohrmizdan (=A-D. 615). Consequently, the Book 
of A Thousand Judgements must have been composed ca. A.D. 620, and its com- 
piler, Farraxvmart son of Vahram, a resident of the city of Gor in the province 
of Artaxsahr-Xvarreh, was a contemporary of Xusmv II Parvez (A-D. 591 — 628). 

Thc Character of the Text and its Sources 

Sasanian Iran had no codified law. Consequently, the Book of A Thousand 
Judgements is not a law-code; nor is it a legal U'entise. It is the only surviving 
Pahlavi example of a genre common in the Sasanian period: a collection of le- 
gal cases. Such compilations were made to serve as manuals of judicial proce- 



12 



INTRODUCTION 



This purpose determined not only the selection of problems for which solutions 
were provided, but also the sources consulted by the compilers, since such 
manuals obviously had to be based on authoritative sources enjoying particular 
prestige in legal proceedings. Two basic groups of sources can be identified 
From the text of the Sasanian Law-Book. 

The first group reflects the traditional regulations set .down in the legal 
nasks of the Avesta and especially the Pahlavi commentaries on these nasks 
called castaks ("teachings, precepts"). The authority of the Avesta in legal pro- 
ceedings rests on a historical foundation. Ancient law in general formed a part 
of religious ethics and social ethics were similarly sanctified by religion. In Zo- 
roastrian Iran, with its dogmatic faith, this bond between religion and law was 
particularly close and it survived side by side with a highly developed state and a 
broad range of secular legal institutions. Nevertheless, by the beginning of the 
Parthian period, the regulations set down in the five stricdy legal nasks {Nika- 
~[um, ZLB" slnct, Husparam, Sakatum, V'idevddt) composing the legal section 
(ddtik) of the Avesta canon [7] were no longer satisfactory for the stage of de- 
velopment reached by Iranian society. This circumstance, as well as the lan- 
guage barrier presented by the Avesta, made imperative an extensive commen- 
tary upon these nasks in the light of the new legal and procedural regulations 
developed by social practice during the centuries that followed their composi- 
tion. We have no evidence allowing us to determine the precise period, in which 
written commentaries first appeared (oral exegeses on the Avestan nasks may 
even have been made under the Achaemenids). Their appearance need not 
have been directly connected with the setting down of the Avesta, although the 
existence of a written text would obviously have provided additional stimulus Tor 
its commentary. Whatever may have been the circumstances, it was this Pahlavi 
commentary on the text of the Avesta that came to exert a practical influence 
on legal procedure [8]. 

In his reference to the authorities of the commentators {dastaparan) , the 
compiler of the Sasanian Law-Book cites some forty names. Most of these are 
also found in the Pahlavi Avesta {Zand) set down in the reign of Xusrav I Ano- 
sakruvan [9]. Among the citations from the castaks occurring in the Daw-Book 
we find cases where one commentator refers to the opinion of another, evi- 
dendy his predecessor, while the latter, in another context, relies on the castak 
of yet a third commentator who lived still earlier. These references make it pos- 
sible to determine the relative chronology of some of the commentaries and to 
postulate the existence of this genre in Pahlavi literature as early as the IVth 
century A.D. This question will be considered in greater detail elsewhere. It will 
suffice here to note that a similar observation was made by J. C. Tavadia on the 
basis of the information found in one of the paragraphs of the Sayast ne-sayast 
(see SnS pp. 28 — 29, note). Tavadia distinguished two groups of commentators 
and established the following internal chronology for each of these groups: 

group A: Atur-Chrmizd -»■ Gdgusnasp -> Met6(k)mah; 
group B; Atur-Farnbay I Narscyan -> SdSyans — *• Aparak. 



13 



ihrmoDUCTioN 



These two groups represent independent traditions. In one of diem 
Aparak figures as die disciple cj I Sosyans, and Sosyans as dial oT Atur-Farnbay; 
while in die other, M£i6(k)mah is die follower of Go gush asp, who was in turn a 
follower of Atur-Ohnnizd. This division is confirmed by the Pahlavi commen- 
tary on die VJdcvdai in which die opinions of these representatives of the two 
traditions show corresponding divergencies. The compiler of the Sasanian Law- 
Book clearly distinguished the two traditions or schools of commentators each 
of which Was identified by the name of its leading proponent: aparakikan, "the 
.followers of Aparak", and met_d(k)mahtkan, "the followers of Me[6(k)mah" (see 
50, 13, 15; 52, 15). The names of a number of commentators (Zamasp, Rat- 
Ohrmizd, Vahram-sat, Farraxv-Zurvan, and others) occur for the first time in 
this texL Hence, the information of the Law-Book allows us to enlarge our 
knowledge of the wealth of exegetical literature existing in Sasanian times and 
to increase the accuracy of a series of details [10]. 

The authority and practical value of the £aS~taks was so great that the magu- 
patan magupat Veh-Sahpubx, president of the commission that set down the of- 
ficial canon of the Avesla umder Xusrav I, had a general commentary composed 
for each of die nasks on the basis of the ca&aks already in existence. This com- 
mentary became a part of the new canon [11]- 

Farraxvmart usually cites a specific commentator to whom he refers by 
name, or name and patronymic. But he also gives general references such as: "it 
has been written by commentators", "it is stated in the ca&afcs", or "according to 
(the teaching of) the castaks" {pat castak). In the text of the Law-Book such ref- 
erences to commentaries are often given side by side — and in formal opposi- 
tion — with equally general references to existing norms and regulations 
(kartak, lit "procedure") for legal procedure (see, e. g. A13, 7 — 8; A15, 12 — 15; 
A35, 13 — 14), that had either been adopted as the result of long legal practice, 
or had been officially promulgated. No strict division existed between the 
"spheres" of die castaks and the kartak, since "canonic" precepts as well as offi- 
cial regulations embraced both private law and the norms of judicial proce- 
dure. However, many of the precepts of the fastaks had been intended for a 
long vanished society and no longer had any practical application; while, on 
the other hand, the massive influx of new norms and official regulation^ in- 
tended for the guidance of judicial bodies could not find adequate reflection in 
commentaries on the legal nasks. Consequendy, Farraxvmart's extensive use of 
the kartak makes of his LaM'-Book a repository of information on this second 
source of legal procedure. 

One of die chapters in the Law-Book (A12, 10 — A16, 6) is entitied: 
"Chapter concerning regulations which, it is said, must be adhered to in judi- 
cial proceedings and which are also set down in the Datastan-namak, the 'Book 
of Judgements'". The regulations in this chapter are given without any re- 
ferences to sources. In this case, the compiler took his material at second hand, 
specifically from die Datastan-namak, a collection apparentiy compiled under 
Xusrav I and enjoying a wide reputation, since it is also cited in die Law-Book of 
Is<5'boxL References to official texts and instructions axe also common in other 
sections of die Sasanian Law-Book, Thus, we find frequent references to the 



14 



Sffia. v 



INTRODUCTION 



Memorial [A/Jydtkar] of the magupatan in agiipat Veh-Sahpuhr, of whom we have 
already spoken above. This treatise demonstrates die active participation, of the 
magupatan magupat in the realm of legal procedure. More specifically, Veh- 
Sahpuhr' s Memorial laid down die obligation of keeping court records during 
the trial of a series of crimes, especially in the case of capital offenses, and of at- 
taching these records to the document containing the text of the sentence. The 
Memorial of Veh-Sahpuhr was reproduced, and copies authenticated with his 
seal were distributed to the sahrs. The compiler of the Sasanian Law-Book is ob- 
viously referring to such a copy, bearing Veh-Sahpuhr's seal, which must have 
been preserved in the archives of the judicial department of the cicv of Gor (see 
A34, 6—9; A34, 10—13; A34, 13—16; A38, 6—12). The "Precepts" or 
"Testament" [Handarz] of Veh-Sahpuhr are also cited in the Law-Book. Judging 
from the quotations (A35, 14 — 16; A36, 16—37, 1), this was not a private 
document, but rather a didactic work that had acquired a semi-official status 
from the prestige of its author. 

In the second half of the Sasanian era special collections were compiled 
for the guidance of adrninistrative bodies and judicial departments. In addition 
to general information of the competencies and duties of various departments, 
ranks, and officials, these collections contained extracts from official decrees 
and decisions. The Sasanian Law-Book cites from such a collection, known as 
the Xveskdrlh-namak I kdrfrdmanan ("The Book regarding the Duties of Officials"), 
a decree or regulation concerning the confiscation by the royal treasury of the 
property of Manichaeans or of persons spreading the Manichaean doctrine. 
The text of this decree had been circulated to all the Sahrs of the empire by the 
rat Mahraspand ( A38, 16— A3 9, 1). The Law-Book also refers (A26, 15) to an- 
other collection of similar type, the Xveskar'ih-namak I magupatan, ("The Book 
regarding the Duties of Magupats") . The utility of these collections for judicial 
practice was not restricted to the citations of extracts from official documents to 
be found in them: regulations on die rights and duties of officials and of the 
clergy were also taken into consideration in judicial proceedings. This is at- 
tested by the inclusion in the Lmv-Book of a special "Chapter concerning the 
Competence of Officials" (A25, 15 — A30, 5), dealing with the competence of 
such officials as the ostandar or the hamdrkar, despite the fact that they were not 
direcdy concerned with legal proceedings. Familiarity with the categories of 
documents or information that various officials were empowered to give out, 
the types of cases in which they might appear as representatives of juridical per- 
sons, etc., was indispensable forjudges in the performance of their professional 
functions. 

Numerous regulations regarding legal procedure emanated from the 
heads of the clergy, so that. the.already mentioned. example of this type of acti- 
vity attributed to the magupatan magupat Veh-Sahpuhr is not the only one found 
in the Law-Book. The text also contains a reference to a section of instructions 
drawn up by the chancellery of the magupat of the province of Artaxsahr- 
Xvarreh (A40, 9 — 11), as well as indications of the participation of the ehrpats 
in the development of various aspects of legal procedure (5, 9—6, 2). The 
Regulation of the Order of Appeals, KlustafJar-namak (AS, 10), seems to have been 



15 



INTRODUCTION 



composed in the: same milieu. The: Law-Book likewise mentions a document 
called Nipihak; this evidently was a collection of instructions or precepts com- 
posed at various times by judicial authorities. ]t contained, in particular, the 
precepts of the rat Mahraspajid on the oath to be taken at trials dealing with 
the recovery of a debt from the debtor's heirs (13, 4 — 5; 59, 6 — 10). 

Certain royal decrees are also cited in the Law-Book, among them, the de- 
crees of Kavat and Xusrav I on the use of official seals by the magupats, by fi- 
nancial officials — such as trie hamarkars, and by the judges {93, 4 — 9; cf. 100, 
15 — 7; A12, 13 — 17; and the Glossary s. v. driyos). Still more interesting is an en- 
actment by the rats and other officials regulating legal procedure in the prov- 
ince of Artaxsahr-Xvarreh, which dates from the reign of Xusrav 1 (78, 2 — 11). 
This enactment contains some administrative clauses, such as the setting up of 
judicial offices having a secretariat staffed with four scribes in each rotastak of 
the province; but judging from the extant version, the main stress lay on the 
dealing with the general revision of court decisions and judicial process which 
was to be rigorously observed. Although the enactment cited in the Law-Book 
concerns only the province of Artaxsahr-Xvarreh, there seems to be little doubt 
that it was inspired by the general legal reform of Xusrav 1 Anosakruvan, and 
that we have here an isolated example of the ratification of this reform by the 
rats and acLministrators of a particular province. Its requirements for the review 
of judicial sentences, as well as for the drawing up of new records of interroga- 
tions and other documents can easily be connected with the situation in Iran 
during the period of the active repression of the Mazdakite movement [12]. 

Finally, for the compilation of his Law-Book, Farraxvmart also had recourse 
to court records that he had seen in the archives of the city of Gor (see, e. g., 
100, 7 — 11), and to private documents, copies of which were apparently pre- 
served in the same archives. 



The Content and Significance of the Law-Book 

The judicial cases and decisions collected in the Law-Book cover for the 
most part the field of private law. In the surviving portion of the compilation 
points dealing with administrative or public law are met only sporadically and 
even these are mostly details of administrative law closely linked with legal pro- 
ceedings such as the competencies of officials mentioned above. This is alto- 
gether natural for a legal collection compiled as a practical manual intended 
forjudges, and it is reasonable to suppose dint die same was uue in die lost sec- 
tions of the original texL The multitude of facts contained in the Law-Book re- 
veals to the investigator an area almost unknown from other sources: property 
and contractual relationships, social forms and institutions, criminal law, the 
system of legal proceedings, as well as details of judicial procedure and of the 
formal drawing up of official documents. The incredible wealth of information 
supplied by the Law-Book on all of these points makes it possible to reconstruct 
in its main lines the whole of the Iranian legal system. Moreover, it provides in- 
valuable assistance for the understanding of other Pahlavi texts, in particular, 



16 



.4 J aJtf 



INTRODUCTION 



die Denkart, die Daiasian-T dZnik, die Handarzs and die Pahlavi nvayats, as well 
as of Middle Persian and Parthian inscriptions. The Law-Book is of major im- 
portance for the study of the legal regulations of die Christian communities of 
Sasanian Iran set out in die Law-Book oflso'boxt, which has come down to us in 
a Syriac translation, and of the Babylonian Talmud, which reflects the legal sys- 
tem of the Jewish communities living in the Sasanian state. Furthermore, it 
helps us to understand a number of terms and realia in early Armenian histori- 
cal and canonical literature. What has already been said above concerning the 
sources used by Farraxvmart for die compilation of his Law-Book gives us some 
indication of the importance of this work for the history of Iranian legal tradi- 
tion and literature. The sociologist or historian meeting this text for die first 
time will unquestionably note the high level reached by Iranian law in this pe- 
riod: the strictness and clarity of the system of succession and of the classifica- 
tion of real rights, the elaborate treatment of judicial procedure and of other 
categories. 

The text of the Law-Book greatiy increases our knowledge or Middle Per- 
sian vocabulary (especially of legal terminology) and phraseology; it contains a 
series of Avestan forms some of which are missing from the surviving portions 
of the Avesta, and a number of new he tero grams. Nor is the linguistic interest 
of the Law-Book limited to its vocabulary: the specific nature of a juridical text 
makes of this Law-Book an excellent instrument for the study of Middle Persian 
syntax, since every nuance in formulation carries a legal implication, and the 
accuracy of the translation can in most cases be checked by a confrontation of 
parallel contexts as well as through the existing system of legal realia. 

The Studies of the Text 

Soon after the publication of die facsimile edition of the Hataria manuscript in 
1901, Christian Bartholomae began his study of the Law-Book with the publica- 
tion in 1910 of an article "On the Sasanian Law-Book". This article was followed 
by several more, likewise dedicated to this text [13]. In these articles, Bar- 
tholomae gave full or partial transcriptions and translations of a considerable 
number of articles in the Law-Book together with a philological and substantive 
commentary. Although the interpretation proposed for a number of terms — 
including crucial ones — was incorrect and most of Bartholomae's translations 
require rectifications of either their entirety or of details, we must acknowledge 
with thanks die great importance of his work which laid the foundation for the 
scientific study of this exceedingly interesting and valuable but very difficult 
documenL 

The first Iranist to concern himself with the Law-Book after Bartholomae's 
death was his pupil APagliaro who published several articles on separate legal 
terms and realia found in iL The most important of these was his extensive 
study of "Antichresis Security in Sasanian Law" [14]. 

Increasing interest in the text has been displayed during the past decades. 
Almost all die articles of the Law-Book dealing with private endowments of fire- 



17 



NOTES TO THE INTRODUCTION 



temples ;iml foundations "Tor the soul" have been transcribed and translated in 
the study of the French InmistJ.-P. dc Mcnasce, who also devoled six odicr ar- 
ticles to material Found in Lhe text [15]. The articles relating to fire-temples and 
pious, "soul", foundations were likewise edited and studied by Mary Boyce [16] 
and myself [17]. The information on certain institutions of family law and ter- 
minology associated with them have been investigated in two articles by 
G.Krrfigenschmitt [18]. Problems connected with the text and with Iranian le- 
gal institutions have been investigated in some of my other articles [19], and I 
^av^also published (in Russian) a detailed study of Ancient Iranian law and so- 
ciety. A brief outline (in English) of the Iranian legal system in the Parthian 
and Sasanian period has been offered by me in the third volume of the Cam- 
bridge History of Iran [20]. 

The Russian edition of the Law-Book [21] is the first attempt at a transcrip- 
tion and translation of the enure manuscript [22]. Since the original manu- 
script was not accessible lo me and the attempt to obtain a microfilm copy 
proved unsuccessful, die textual work had to be done from the published fac- 
simile editions, whose technical execution was unfortunately not beyond criti- 
cism. The translation of articles has been commented only where this seemed 
indispensable for the understanding of the texL 

^Brief descriptions of legal terms will be found in the "Glossary" given at the 
end ipf the present volume. This is a selective list of juridical terms and of words 
of particular interest in a legal context; it is not intended as a complete listing 
of the vocabulary found in the text. Numerical references to the articles of the 
text have also been included in the "Glossary" in order to assist the reader in 
tracing all the contexts in which a particular term or institution appears. Other 
"Indices" and "Abbreviations" will also be found at the end of the volume. Fi- 
nally, a list of the Law-Book' s chapter headings in the order of their appearance 
in the manuscript follows the Notes to the Introduction. While the revised Eng- 
lish edition of the Law-Book was in preparation, an edition of both parts of the 
manuscript prepared by M. Macuch [23] appeared in Germany. A detailed re- 
view of her work will be published by me presendy. 



Anahit Perikhdnian 
Notes to the Introduction 

1. J. Darmesteter, Revue critique d'histoire ei de litieraturc, nouv, ser., XXTV/49 (1887), 
pp. 425 — 427; E. W. West, "Pahlavi Literature", Gnmdriss der iranischen P/u/o/ogie, II 
(Strasburg, 1896), pp. 116—117. 

**. JL. Kiddigdn-i Hazdr Dddistdn. A Photozincographed Facsimile of a Ms. belonging to the 
M. L_Hoshang HalaiiS Library in the Zarthoshti Anjuman Atashbeharam, with an Introduction 
hy yQviodi (Poona, 1901). 

3. The Social Code of the Parsces in Sassam'an Times or the Mddigdn-i-hazar Dddistdn, 
paftH, by T. D. Anklesaria with an Introduction by J. J. Modi (Bombay, 1912). 

4. E. g. the "Chapter concerning divorce" [= Chapter XIX] and the "Chapter concerning 
the settlement of a debt with partners (= co-heirs) and joint-debtors (j=correi)" [= Chap- 
ter xxxvnrj. 



18 



MOTES TO THE INTRODUCTION 



5. E. g. titles such as Ihc following. "Chapter concerning some judicial decisions by the 
authorities (/. e., the commentators of the Avestan nasks — A. P.) written down, exactly by 
those who heard them", "Chapter in which one opinion follows another". (This chapter in- 
cludes articles beginning with the words "Moreover it is said", "In addition, it is said", etc.). 

6. M. Boyce, "Middle Persian Literature", Handbuch der Orientalistik, Pt L IV/2 
(Leiden— Cologne, 1 968), p. 62 and No. I. 

7. Two more nasks: dhrddt (historical in content) and Baydn-ydst (liturgical) were ap- 
parently added to this section during the IVth or even the Vlth century A.D. by classifiers who 
strove to give a symmetrical structure — with seven nasks per section — to all parts of the ca- 
nonical text Only one of the legal nasks of the Avesta canon, the Videvdat [I'd] "Law driving 
away the daevas", has survived, see E. Benveniste, "Que signifie Videvdat?", Henning Memo- 
rial Volume, M. Boyce and I. Gershevitch edd. (London, 1970), pp. 37 — M for the precise 
meaning of the title. Nevertheless, we can obtain some idea of their entire content from the 
summary given in the eighth book of the Denkart and from occasional references to them in 
other Pahlavi texts. 

8. Ritual prescriptions predominate over legal ones in the Videvdat, which has reached us 
both in the Avestan original and in the Zand redaction This balance was reversed in the other 
four legal nasks, which have not survived and whose summary in the Denkart had to be made 
from the Zand since their Avestan text was already lost in the LXth century AD. Furthermore, 
the Denkart summary was drawn not from the — more or less equivalent — translation of the 
original Avesta but from the "expanded" redaction of the translation, since this summary mixes 
archaic features obviously traceable to the original Avesta with legal forms absolutely irrec- 
oncilable with the primitive stage of development reflected in other sections of the Avesta, 
among them the Videvdat, Thus, for example, the summary of the Nikdtum nask speaks of the 
equality of a citizen and an alien before the law (DkM, 699, 7 — 8), of the right of a slave to 
bring suit against a citizen in certain real action (Dkkf, 708, 10 — 12), of judicial representative 
(D/oW, 700, 6 — 9; 708, 16 — 17), of a woman's right to appear as plaintiff* before a?court as her 
husband's judicial representative and to testify as a witness (DkU, 706, 16 — 18; 708, 18 — 20), 
of junior and senior judicial boards and of courts of appeal {DkM, 708, 1 — 2), as well as of the 
rights of the magupatdn magupat — a title first met in the P/th century AJD. — to annul a ju- 
dicial decision (DkXI, 71 1 , 12—13). 

9. For instance, the commentator Aparak is cited 32 times in the Pahlavi Videvdat, 
57 times in the Nirangistan, once in the Pahlavi Yasna. He is also mentioned in the later texts. 
29 times in the Ndmakihd i Manuscihr, and 8 times in the Sdyast ne-sdyast. ^ 

10. Thus, there is a reference to a certain Dipir (lit. "scribe, secretary"') in the late trea- 
tise Sdyast ne-sdyast (2, 44); E. W. West (SBE, V (1880), p. 257 No. 7) mistook him for the 
author of this treatise, but it is evident from the Law-Book (MHD 2, 5) that Dipir is the sur- 
name of the Sasanian commentator whose actual name was Xvataybut. 

1 1. See the Ndmakihd i iV/anuscihr, I, iv, 14 — 18. Subsequently, the general commentary 
gradually supplanted the edstaks of individual authors because of its particular prestige. Never- 
theless, even in such a late text as the Sdyast ne-sdyast, wc find the reference (SnS, 2, 1) to a 
commentary of Meto(k)mah on the Videvdat (Videvdat t Metu(k)mdh) and more particularly to 
its third fargard next to frequent references to the general commentary in Veh-Sahpuhi J s re- 
daction. Hence, we must conclude that some of the early commentaries were still in existence 
in the LXth century A.D. It is interesting to note that fargard three of the Videvdat i 
Me[6(k)mdh corresponded to fargard seven of the surviving (canonical) Pahlavi Videvdat. Ac- 
cording to J. C. Tavadia who noted this detail ($n£, p. 30 n.), the subdivision of chapters in the 
Videvdat f Me[6(k)mdh differed from the one in the canonical redaction of this nask. 

12. In large part this repression was also carried out through legal channels in the form of 
the prosecution of "heresy" and of ideological-religious tendencies hostile to orthodox Zoroas- 



19 



NOTES TO THE INTRODUCTION 



Irian ism (cf "Glossary", s. v. crhramijyih, zandikih). According lo Uic Law-Book, these were 
among the offences .subject lo penalties ranging up lo the total loss of legal capacity. The abuse 
of judicial procedure in these cases must have led to serious disorders in the functioning of the 
courts. It spread to trials of other types and apparently provoked the reform of Xusrav L 

13. Chr.Barlholomac, "liber ein sasanidisches Rcchlsbuch", SHAW (1910, Abh. 11), 
pp. 3 — 25; "Beitrage zur Kenrttnis des sasanidischen Rechts", W1KM, 27 (1913), pp. 347— 
374 ^ic Der Verbalkontrakt im sasanidischen Recht", SHAW (1917 Abh. 11), pp. 3—15; "Zum 

.sasanidischen Recht, 1— V", SHAW (1918, Abh. 5), pp. 3—50; (1918, Abh. 14); pp. 3—50 
'(192J), Abh. 18), pp. 3—66; (1 922, Abh. 5), pp. 3—57; (1923, Abh. 9), pp. 3—56; "Die Frau 
"im sasanidischen Recht", Kultur und Sprache, 5 (Heidelberg, 1 925). 

14. A. Pagliaro, "L'anlicresi ncl diritlo sasfanidico", RSO, XV (1935), pp. 275— 315; 
"Note di lessicografia pahlavica", RSO, XXID (1948), pp. 52— 68; "Aspetti del diritlo 
sasanidico: hacasmand ' interdiclum'" , RSO, XXIV (1949), pp. 120—130. "Notes on Pahlavi 
Lexicography", Jackson Mem. Vol, Bombay 1 954, pp. 72 — S3. 

J-P. de Menasce, "Le protecteur des pauses dans llran sassanide", Melanges H. Masse, 
Teheran, 1963, pp. 282 — 287; "Some Pahlavi Words in the Original and in the Syiiac Transla- 
tion of Boboxt Corpus luris", J. M. Unvala Mem. Vol., Bombay, 1 964, pp. 6 — 11; Feux etfon- 
dations pieuses. dans le droit sassanide (Paris, 1964); "Les donnees geographiques dans le 
Matigan l Hazar Datistari", Indo-Iranica. Melanges presentes a G. Morgenstieme 
(Wiesbaden, 1964), pp. 149 — 154; "Textes pehlevis sur les qanats", Acta Orientalia, XXX 
(Copenhagen, 1966), pp. 168 — 175. Formules juridiques et syntaxe pehlevie, Bulletin of the 
Iranian Culture Foundation, 1/1 (1969), pp. 1 1 — 20. 

16. M. Boyce, "On Sacred Fires of the Zoroastrians", BSOAS, XXXI/1 (1968), pp. 52— 
68; "The Pious Foundations of the Zoroastrians", BSOAS, XXXI/2 (1968), pp. 270—289. 

17. A G. Perixanjan, "Chastnye tselevye fondy v drevnem Irane i problema 
proisxoxdenija vakfa [Private Foundations in Ancient Iran and the origin of the waqf]", VDI 
(1973/1), pp. 3—24. 

18. G. KlingenschmitL, "Die Erbtochter im sassanidischen RechT, MSS, XXI (1967), 
pp. 59—70; "Neue Avesta-Fragmente", MSS, XXTX (1 971 ), pp. 1 1 1—174. 

19. A. G. PerikhaniarL, "Agnaticeskie gruppy v drevnem Irane [Agnatic Groups in Ancient 
Iran]", VDI (196S/3), pp 28 — 52; "Notes sur le lexique iranien et armenien" REArm, n, s. V 
(1 968), pp. 9—23; "Sur arm. panduxf, RElm, n. s. VI (1 969), pp. 1—14; "On Some Pahlavi 
Legal Terms", W. B. Henning Memorial Volume, M. Boyce and L Gershevitch edd. (London, 
1970), pp. 349 — 357. A Perikhanian, "Le contumace dans la procedure iranienne et les termes 
pehlevis hacasmand et sra5 n , Memorial Jean de Menasce (Louvain, 1974), pp. 305^ — 318; 
A. G. Perixanjaa, Ordalija i kljatva v sudoproizvodstve do-islamskogo liana, Peredneailatskij 
Sbornik IH (Moskva 1979), pp. 1 82 — 192; "Un terme pour la 'dot' en iranien et en armenien", 
REArm. XX (1986 — 1987), pp. 47—53; "'Protivnik (v sudebnom protsesse)' i 'vrag 1 v iran- 
skom i v armjanskom" in A. G. Perixanjan. Matcrialy k etimologiceskomu slovarfu drev- 
nearmjanskogojazyka, (Erevan, 1993), pp. 107 — 125 (hereafter Material)-). 

20. A. G. Perixanjan. ObScesrvo i pra\>o Irana v parjjanskij i sasanidskij period)' 
(Moskva, 1983), 381 pp.: Iranian Society and Law, CHI, 3, 2 (Cambridse, 1983), pp. 627— 
680.; 

1E 21. A. G. Perixanjan, Sasanidskij sudebnik "Kniga tysjaci sudebrnx resenij" (Matakdan i 
hazardaiastan), Erevan, 1973. 

-•'.- j2. The one given by S. J. Bulsara [The Laws of the Ancient Persians, Bombay, 1 937) is 
too far from the standards of modem European scholarship lo serve scholarly purposes. 

23. M. Macuch, Das sasanidische Rechtsbuch "Matakdan I hazar datistan" (TeilH), 
Wiesbaden, 1981 [Abhandlungen fur die Kunde des Morgenlandes, Bd. 45, 1], 268 pp.; 
Rechtskasuistik und Gcrichtspraxis zu Beginti des sicbenten Jahrhundcrts in Iran, (Wiesbaden, 
1993), 807 pp. 



9H 



in*-- 



LIST OF CHAPTERS 



The List of chapter headings is given in according with the order of their 
appearance in the manuscript. The roman numerals preceeding the heading of 
the chapter indicates the sequential order attributed to it in the manuscript. 
The first series of Arabic numbers following the heading refers to the pagina- 
tion and line of the Facsimile editions, the second series refers to the 
pagination of the present edition. 

Hat aria Ms. 

[XVT] [Chapter concerning slavery] — 1,1 p. 26 

XVTI Chapter concerning the discharge from a debt (=solutio) 

of partners, joint-debtors {correi) and co-warrantors — 1, 

17— 2, 1 p. 23 

XVTII Chapter concerning decisions taken by the heads of the 
estates (in civil or criminal actions) and of agreement or 
non-agreement with a decision — 2,17 p % 30 

XIX Chapter concerning divorce ("dissolution of a marriage") 

— 3,9 p. 32 

XX ( Chapter concerning a fully empowered (= entitled) person 

(= a representative, mandatary, disposer) — 5,3 p. 34 

XXI Chapter concerning the making of contradictory state- 
ments (concerning "change" in declarations) and other 
offences — 8, 15 p. 42 

XXH Chapter concerning contumacy (default) — 10, 12 p. 46 

XXTII Chapter concerning payments (= in settlement of the debt 

of a deceased person, de cuius) from the family estate 

("from the family") as well as payments liable to claim by 

the family— 15,2— 3 p. 56 

[Numberless] Chapter concerning auxiliary succession — the epikiers.lt, 

— 21,4 — 5 p. 68 

XXVI Chapter concerning guardianship — 24, 11. . . . p. 74 



21 



LIST OF CHAPTERS 



XXVII Chapter concerning seizures (of property) in settlement of 
debts — 25), 12. . '.' p. 86 

XXVIII Chapter concerning the support of one person by another 

— 32, II p. 92 

XXIX Chapter concerning religious services, and special 
appropriations to the treasuries of Fire (temples) and 

--' endowments instituted and declared (as foundations) "for 

the soul" — 34, 1 p. 96 

' XXX Chapter concerning a wife with full rights (patixSayiha) 

— 36, 2 p. 100 

XXXIII Chapter concerning securities /pledges — 37,11 p. 102 

XXXVin Chapter concerning the settlement of a debt with partners 

(= co-heirs) and joint-debtors (=correi\ persons jointly 
responsible) — 53,4 p. 138 

XXXTX Chapter concerning a half-share and the value of a thing 
regarding which there is a transaction (agreement) — 
53, 11 p. 138 

XL Chapter concerning joint warranty, warranty and partner- 
ship — 55, 10 p. 142 

XLI Chapter concerning inherited possessions (or "concerning 
heirs") — 59, 11 p. 150 

XLI1 Chapter concerning a declaration regarding the owner- 

ship (of a thing by a certain person) — 63, 6 ... p. 158 

XLm Chapter concerning the selection (of a thing) and the ap- 
proval (= acceptance) of a will — 66,2 p. 164 

XLV Chapter concerning the payment of smart money and 
fines, concerning transfers for charitable (or "pious") pur- 
poses, and concerning the incapacity to fulfil the con- 
ditions of (verbal) agreements and (written) contracts — 
71, 8 p. 176 

XLVI Chapter concerning the payment of rent — 72, 13 p. 1 78 

[Numberless] Chapter concerning legal representation — 74, 12 p. 1 S2» 

XLVH Chapter concerning the plaintiff — 76,3 p. 186 * 

[Numberless] Chapter containing a number of legal decisions evident 
from (that which) was written (and) sealed in the past — 
77, 4—5 p. 186 

[Numberless] On the value [of religion and] the limits of knowledge — 

79, 15 p. 192 

m XXXIV Chapter concerning the co-partnership of two (persons) 

and concerning canals and plots of land ("a thing") 

^ xsr - belonging to two persons — 85, 7 — 8 p. 200 

"~ [Numberless] Chapter concerning the following: certain legal decisions 
(recommended) by the authorities (= the commentators of 
the legal nasks of the Avesta), written down precisely by 
(those) who heard (these decisions) from them — 
95, 5—6 p. 216 



22 



LIST OF CHAPTERS 



Ankles aria Ms. 

[XL VII] [Chapter concerning revenue] — Al, 1 p. 246 

XLVm Chapter concerning misconduct (or "disobedience") — 
A4, 12 p. 252 

XLIX Chapter concerning (declarations beginning with, the 

words:) "the thing belonging to me" — A8, 3. . . p, 258 

L Chapter concerning certain regulations ("formulae") 
which it is said, must be adhered to ("had; held") in 
judicial /proceedings and which are also set down 
in the Datastan-namak ("The Book of Judgements") — 
A12, 10—11 p. 266 

LI Chapter concerning certain judicial cases in which 
attention should be paid to the particular ways in 
which statements ("declarations") are formulated — 
A16, 7—8 p. 276 

LII Chapter concerning the competence of officials — 
A25, 15 p. 292 

[LIU?] Chapter concerning that which is written and sealed, and 
other questions (deserving) exarnination/investigation — 
A30, 5—6 p. 300 

[LIV?] Chapter in which one statement follows another — 
A32, 2 p. 304 



TEXT AND TRANSLATION 



Farraxvmart i Vahraman 

MATAKDAN I HAZAR D ATASTAN 

[Hataria Ms.] 
[XVI] 

[Dar I bandaklh]* 

1, 1—2: 

... Ih ut bandaklh dahet oyon bavet cryon mart-e(v) I dehkan I sahan 5ah pat ban- 
daklh 6 mart-e(y) (2) dahet. 

1,2—4: 

GofSend ku ta xvatayi'h (i)Vanram martoxman ansahrik an xves bm + I (3) hac 
pitar zat + ne an I hac mat e(t)~ ra5 cc Sosyans gufi ku vaccak pit xves (4) ut nun 
goffend ku mat. 

1, 4—6: 

* 

Zan ut ansahrik hame(v) pat dlt ut venisn I xvatay ut sardar (5) zahm ayap staxm 
kunend tavan do evak xvatay ayap sardar evak 6y ke \inas (6) kart. 

1,6—7: 

Mart-e(v) ka-s ansahrtk-e(v) pat 10 bahr e(v) bahr xves" azat be kart frazand-ic 
(7) hac an ansahrik zayet harv evak pat 10 bahr e(v) bahr azat. 

1, 7—10: 

Ka ataxs-e bandak mart (S) 2 ut ansahrik man 2 hast ut mart xvastak-e(v) ra5» 
kart ku-m 6 bandakan f an ataxs (9) dat hac an cry on ansahrik bandaklh I ataxs ne= 
bavet 6 ansahrik (!) ataxS cis-ic (10) ne dahet. 



* The beginning of the chapter has not survived. The heading j s reconstructed from the 
content of the chapter. 



w 



Farraxvmart Son of Vahrdm 

THE BOOK OF A THOUSAND JUDGEMENTS 

[Hataria Ms. ] 
[XVI] 
[Chapter on slavery]* 

1, 1—2: 

... and hands over into slavery, (then) this is equivalent to a person's handing 
over a subject of the King of Kings into slavery to someone. 

1,2—4: 

It is said that up to (the reign) of Vahram, persons became the owners of a slave 
born of a father (belonging to them — A. P.), but not of (such a) mother. For Sosyans 
stated that the child belongs to the father, but now, it is said (that he belongs) to the 
mother. 

1,4 — 6: * , 

If a woman or ("and") a slave commits an act of physical violence before the eyes 
of (his/her) master or ("and") guardian, (then) the master or guardian (shall pay) half 
the fine, and the other half (shall be paid) by whoever committed the offence. 

1, 6-7: 

If a man frees one-tenth of a slave /slave-woman, the children born 
(subsequently — A. P.) from this slave/slavc-woman shall likewise be, each of them, 
one-tenth free. 

1,7—10: 

If a fire-temple has two sacrcd-slavcs (= hieroduhi) and two anfohrlk-slsves and 
a man makes (the following) disposition regarding a thing: "I conveyed (this thing) to 
the sacrcd-slavcs of this temple", (then) insofar as an anSahrik-slme is not a sacred- 
slave, he (= the bestower) has not conveyed anything (through this action) to the 
a/isa/rrfjt-slaves of the Fire-temple [I J. 



27 



Kfl-ID: TEXT 



1, 10—13: 

Gyake nipiSt ku ansahrik I tarsak xves ka 6 hudcnlh (11) ut nazdiklh I hudcnan 
ayet vahak I ansahrik be dat apayet ut ansahrik azat (12) u-5 6y apeziyan kunisn ka 6 
nazdQdh I kas ne be 6 hudenlh ayet (13) xvat vahak (I) xve£ be dat apayet 

1, 13—15: 

Ansahrik 6 aydenan fioxT ne patixsay (14) ka frosend pat ansahrik harv 2 andar 
rat I huden duz bavend (i) u-san dros" be kunisn (15) drahm pas hakar pat rah I 

3\jW (?) I zaman pat 6y ke daret be manet. 

1, 16—17: 

AnSahrik (I) ay den ka apak xvatiy ayap pas hac xvatay 6 aydenlh ayet hame(v) 
(17) anSahrik, 

xvn 

1, 17—2, 1: 

En dar * I cis pat hambayan ut hamxvastakan (I) ut hampayandanan hOisn. 

2,1^: 

Mart (I) 3 xvastak apam stanend (ut) vicir avartend an ke (2) [a]pam be dat pas 
hac an an xvastak pat xvegih 6 avesan mart o mart 1 dahet (3) an mart an xvastak an I 
fireh hac an I-S xvat niyapet hac hambayan xvast ne patixsay. 

2,4 — 6: 

Ka tozisn I pitaran apac 6 pus (I) patixsayiha pat aparmand (5) [xv]astakdar(an) 
dahend ciyon hac Xvataybut I Dipir be gopend tozisn hi§t bavet (6) ut an Re avis' 
dahend hac hambayan xvast ne tuvam 

2, 6—8: 

Ka 2 mart pat akanen apam (7) stanend ut an apam asi-e(v) be hilend avesan 
mart evak bahr I xves vicaret an ! (S) be hilend eton bavet ciyon an I pat payandan 
hilend. 



* In the manuscript, the ordinal number 17 is placed above the word dar "chapter" 



28 



mm 



TK-iNSL-lTION 



1, 10—13: 

It is written in one place that if a slave belonging to a Christian converts to Zo- 
roastrianism ("the Good Religion") and (enters the service) of a Zoroastrian, (the lat- 
ter) must return the value ("price") of the slave to (his former master) and free the 
slave, and the latter (= the slave) must compensate him for this loss. But if a slave 
does not enter (the service) of a Zoroastrian and yet converts to Zoroastrianism, (then) 
he himself must repay his own price (to his master). 

1, 13—15: 

A slave may not be sold to a non-Zoroastrian. If, however he is sold, (then) both 
of them (the buyer and the seller) shall be considered thieves by the Zoroastrian rat 
on account of the slave (/. e. the action shall be equated with theft — .4. P.) and they 
shall be branded. As for the money, if subsequently (it was to have been paid?) on the 
basis .., (?) of a term ("time"), it shall remain with the one who has it. 

1, 16—17: 

Whether an unbeliever-slave has converted to another (non-Zoroastrian) faith at 
the same time as ("together with") his master or subsequently, in either case 
("'always") he (remains) a slave. 



xvn 

1, 17—2, 1: 

This is the chapter* concerning the discharge from a debt (=solurio) of part- 
ners, joint-debtors {correi) and co-warrantors. 

2, 1 — I: 

Three persons borrow money ("a thing") on credit and make a contract. (And) he 
who gave the loan subsequently conveys this money ("thing") to one of them to be- 
come that man's personal property. (Then), this person (=the beneficiary of the 
transfer) shall not be entitled to claim this money ("thing") from his partners (in an 
amount) superior to the one to which he was entitled (under the terms of the con- 
tract). 

2,4-6: 

If the heirs [2] lay on the legitimate son and successor the settlement of (his) fa- 
ther's debts, then it is said, on the authority of (the work of) Xvataybut the Scribe, that 
the obligation for the settlement is (thereby) removed (from the heirs and rests wholly 
upon the successor). And he who has been charged (with the obligation to settle the 
debt, /. e. the successor) shall have no right to demand reimbursement ("to make a 
claim") from his co-heirs [3]. 

2, 6 — 8: 

If two persons jointly receive a loan and repay it. in part, (/". e.) one of them re- 
pays his share, then, the regime of discharge from the debt shall be the same as in 
warranty contracts. 



29 



MUD: TEXT 



2.8—10; 

Ka tozisn be (9) inilcnd pes hac brin zaman pal pasemar ut pas hac brin zaman 
pat payandan hist + (10) bavet. 

2, 10—11=2, 8 — 10 

2, 11—13: 

Ka pat 3 goflisn 6 payandan goflet ku-m hac (12) payandanlh hist heh a5ak-is 
hac payandanlh hist bavet ut tozisn hakar pes (13) [hac] brin zaman goflet nc hist 
bavet ut hakar pas hac "brin zaman uskanan apayet. 

2, 14—16: 

Ka mart 3 xvastalc 100 hac mart-e(v) Farraxv nam apam stanend ut pas Farraxv 
pat an (15) xvastak hac mart 1 apayisn bavet Farraxv-Zurvan ut Veh-Ohrmizd guft 
ku bahr I 6)' (I) (16) hac-is apayisn bavet ut an I aparik hac aparik xvast tuvan bavet 
yuttar. 

xvm 

2, 17: 

Dar* I vicir I pesak sardaran ut xonsandih ut axonsandlh T pat vicir. 

2, 17—3, 1: 

Vicir I pesak (1) sardaran kart be pat framan I dehpatan (!) ne sayet. 

3, 1—3: 

Ka pat vicir xonsand but (2) pas be ka yuttar kartan apayistan paytak*bavet eriya 
axonsandlh I pat vicir ne (3) patiglrisn. 

3, 3—5: 

Ka pesemar pat vicir I data Par hac apamdan-e(v) evar brin vicartan (4) apayistan 
I pasemar (ut) xvastak ra6 kart xonsand but ut pas vican aparet xonsandih I (5) pat 
vicir raJT erancih. 



In the munuscri.pt the ordinal-number 1 S is placed hove tliis word. 



30 



TRANSLATION 



2, 8—10: 

When a debt is discharged, then, until the expiration of the time-limit the dis- 
charge of the debt shall be from the respondent, and, after the expiration of the time- 
limit — from the warrantor. 

2, 10—11=2,8—10. 

2, 11—13: 

If after repeating the formula three times, he (= the creditor) declares to the war- 
rantor: "you are released by me from the warranty", then, he shall be released from 
the warranty. As for the debt, if he (= the creditor) made the declaration before the 
expiration of the stipulated time-limit, (the debtor) shall not be considered released 
(as a result of the creditor's release of the warrantor — A. P.). If, however (the decla- 
ration regarding the release of the warrantor was made) after the expiration of the 
stipulated time-limit, an inquiry must be made into the matter [4]. 

2, U — 16: 

If three men borrow 100 (drahrns) of money from someone named Farraxv, and 
subsequently Farraxv claims this money from one (of these men), then, as has been 
stated by Farraxv-Zurvan and Veh-Ohrmizd, (only) his share can be required of him, 
the remainder may be claimed separately from the others. 

xvm 

2, 17: 

Chapter* concerning decisions taken by the heads of the estates (in civil or 
criminal actions) and agreement or non-agreement with a decision. 

2, 17—3, l: 

A decision given by the heads of the estates shall not have the force of law (lit. 
"is not allowable, is not lawful") without the confirmation of the "rulers" [5], ' « 

3, 1—3: 

If (he) was satisfied with the decision (/. e. publicly declared himself satisfied — 
A. P.), then — exept in cases where one must clearly act otherwise — his subsequent 
(declaration of) dissatisfaction with the (same) decision shall not be taken (into ac- 
count by the court). - 

3,3—5: 

If the plaintiff has declared himsclf-satisfied with the decision of the judge re- 
garding the debtor's obligation to settle (pay) a definite share of a debt (and) with the 
thing (/. e with the determination of the amount and form of the payment — A. P.), 
and subsequently he (= the plaintiff) brings forth the payment (?) [6], he is liable to 
some measure of punishment owing lo (his previous) declaration of satisfaction with 
the decision (of the judge). 



31 



■ MUD: TEXT 



3, 5—6: 

Ut xvahisn i dros r55 pal lozisn ul xonsandih i pat viar ra5 (6) pat vicartan ut 
pat atozisnlh naklra(k)ili kam ne patigirisn. 

3, 6—8: 

Be pal viclr kart I (7) pat hacasmand aparik vicir I dalapar (ut) (I) kas kunet 
axonsandlh I pasemar leunet oh (8) (oh) patigirisn ut zaman I o datapar I mas oh da- 
nism 

XIX 

3,9: 

Dar * I histan I hac zanih. 

3, 10—11: 

Ka 6 zan go[5et ku-m pat xves tan sardar patixsay kart heh ne hist be-s (12) 
patixsayih pat soy I cakar kartan dat bavet. 

3, 11—14: 

Ka gop>et ku duxtak (I) patixsaylh (12) 6 zanih I man mat ut man pat xonsandih I 
duxtak duxtak hac zanih I (man) hist be ciyon (13) pat an a5venak gofiet enya apar 
estat i duxtak cis ne pa)*^ aBak hist (14) ne bavet duxtak (ut) 6y mart zan ut meralc 

3, 14—15: 

Hakar ka pat baxt savet zan ut frazand nest (15) stur (ne) gumarisn. 

3, 15—4, 1: 

Gyake nipist ku ka mart zan hac zanih hilet be (16) ciyon an zan pat xves tan 
sardai patixsay kunet enya-s pat sardarih 6 kas (17) ne dahet ut an zan pas hac an 
zlvandakan an mart soy kunet ut frazand zayet frazand (T) (1) (6y frazand) an zan by 
(I) xves + ke an zan pat an aSvenak hac zanih hist. 

4,1—4: 

Ka (2) mart pat xonsandih (I) zan zan hac zanih hilet (ut) pat zanih 6 apurntayak 
I xves (3) dahet ut apumayak andar apurnayih pat baxt savet a5ak-ic an zan 6v cirri 
ra5 sturih I (4) an mart kem a^'i-s ne raset . 



* The (abjad) ordinal-number 19 is placed above this word. 



32 



TRANSLATION 



3, 5—6: 

And, as for the demand (by the plaintiff) for branding (as punishment of the de- 
fendant — A. P.) in cases of settlement (of a debt), or for a declaration of agreement 
with a decision requiring the settlement (of a debt), or for (a statement of) protest 
(against a judicial decision) discharging from payment ("about non-payement"), mi- 
nor matters [7] shall not be admitted. 

3,6— S: 

Except in cases of judgement given by default, the defendant's declaration of dis- 
satisfaction with any decision given by a junior judge must be admitted and a court 
session with the participation of a senior judge must be arranged ("given"). 



XIX 

3,9: 

Chapter* concerning divorce ("dissolution of a marriage"). 

3, 10—11: 

If he declares to his wife: W I have granted you the right of ; self-guardianship'", 
the marriage is not dissolved (thereby), but she is given the right to enter into a cakar 
marriage. 

3, 11—14: 

When he declares: "A daughter (of mine) from a patixsayih marriage entered 
into a marriage with me and I, with the daughter's consent, dissolve my marriage 
with her", then — unless the declaration was made in this (precise) form — nothing 
is clear about the status of the daughter and her marriage is not dissolved at that time, 
and the daughter and the man are still wife and husband. 

3, 14 — 15: 

If at the time of his death he had neither a wife nor children, a stur must be ap- 
pointed. 

3, 15-^, 1: 

In one place it is written that if a man divorces his wife and — except for the 
case where this (woman) receives from him the right of "self-guardianship" — does 
not transfer the guardianship to anyone, and (if) this woman subsequently enters into 
a marriage during the lifetime of this man and bears children, then, the children of 
this woman belong to him who divorced her in this manner. 

4, l—;: 

If a man, with the consent of his wife, dissolves his marriage with (this) wife and 
gives her in marriage to his minor son, and Ihe minor (son) dies without reaching his 
majority, then because of this (/. e. because the young man's death occurred while he 
was still a minor — A. P.) the woman still receives the jr/urship of that man (i. e. her 
first husband— A. P.). 



%% 



A///D; TEXT 



4, 4—9; 

Ka mart Cut) znn (ul) hambay ut cn-ic palman kuncl ku (5) en xvaslak 6y kc lo 
xves* but go^ch xves hep" bavet ka zyanak hac zanih (6) be hilct a8ak-ic ka zyanak an 
xvastak kas xves but xvap go[icl apac (J) ne afiarisn. Be hambaylh apac afiarisn + ul 
Pusanuc (ul) Mariak hamdalastan (8) but hend Pusanuc cn-ic gufL ku-m saxvan- 
namak dit I apar hambaylh raSenit (9) estat (ul) vieir kart estat hac-san hambayiht 
apac aflurtan. 

4,9—10: 

Hist (10) but kc gufi ku wl hac sardar ne bavet u-s kartak oyon (I) apak ku o 
(vahman kas )? oh bavet. 

4, 11—13: 

Hist biil ke guft ku an I zanih ra5 andar burl ciyon pasadatakan ut vaspuhxakan 
(12) be barei ut vindisn I andar zanih (I, be manei u-s kariak oyon apak ku: "saxtak 
be (13) savet". 

4, 13 — 14: 

Zan xvastak I-s soy andar zanih dat ka-s soy pat xonsandlh hac (14) zanih. be 
hilet be ne barei (ut) pat soy be manet. 

4, 14—5, 3: 

Ka gopet ku-m (15) zyanak hac zanih hisl ut pat zanih ut sardarih 6 Farraxv dat 
ut Farraxv zyanak (16) pal zanih paliclret pat sardarih andar ne apayet gopet. But kie 
guft ku (17) hist kar nest. Yahram gufi ku e(t) ra5 ce pat sardarih andar ne apayet (I) 
guft zanih ra5 gufi bavet. Ce zanih yut yut hac sardarih ne sayet (2) but. Pas bfcVn 
bavet ciyon ke pat xvastak I avis dahend andax ne apayet gdpet (3) dat ne bavet. 






XX 

5,3: 

Dar* I dastafiar. 



* In the manuscript the ordinal-numeral 20 is placed above: this word. 



34 



Siv : . 



TRANSLATION 



4, 4—9: 

If a husband and wife arc partners and (the husband) makes this agreement: 
"this thing shall belong to him about whom you declare that it is his", (then) — if he 
divorces (this) wife and the wife then declares: "this thing belongs to such a person, it 
is well!" — it (= the thing) shall not be liable to return (to the relinquisher — A. P.) 
but the partnership shall be subject to cancellation ("return, removal"). Pusanuc and 
Martak are unanimous on this point. And Pusanuc has also said the following: "I saw 
a record of (judicial) proceedings drawn up in a case of partnership, and the decision 
was to cancel ('remove, take away') their partnership". 

4. 9—10: 

This opinion has been given regarding the dissolution of a marriage, namely that 
there is no (valid) divorce without the appointment of a guardian, and according to 
the procedure in such a case (the following declaration must be made): "let (her) be 
given (in guardianship to such a one?)". 

4, 11—13: 

Divorce: some have said that everything brought (by her) in connexion with the 
marriage — such as, for instance, (her) paraphernalia and (her) down- (lit. "her 
"daughter's share' in her father's estate") shall be taken away by her, but that which 
was acquired during the marriage shall remain. And the (proper) procedure (or for- 
mula) in such a case is this: "let (her) go provided for (equipped, endowed, estab- 
lished)". 

4, 13—14: 

The wife is not entitled to take ("does not take away") the property conveyed to 
her by her husband during the marriage if he dissolves the marriage with her consent, 
and it (= the property) remains with the husband. 

4, 15—5, 3: 

If he declares: "I have dissolved my marriage with (this) woman and have, given 
her in marriage and guardianship to Farraxv", and (if) Farraxv takes the woman as a 
wife but declares regarding the guardianship: "there is no need ('not needed')"; some 
(authorities) have stated that (in such a case) the divorce is not valid. Vahram has 
stated that the reason for this is that to declare: "not needed" with regard to the 
guardianship is to declare (the same) with regard to the marriage. For a marriage 
cannot ("may not") exist without guardianship. Then the procedure is the same as in 
the case where a person to whom a thing is conveyed declares: ''not needed". The 
transfer (of the thing) does not lake place (cf. 87, 7 — 10). 



XX 

5,3: 

Chapter* concerning a fully empowered (= entitled) person (=a representative, 
mandatary, disposer — A. P.) 



'.if; 



MHD: TEXT 



5,4—5: 

Vayayar nipist ku pasemar ka-s xvastak I pat xvcsfh f xves guft zaman r (5) 6 
dastapar ne bavet. 

5,5—8: 

U-s en-ic nipisl ku ka Farraxv I hac Gor xvastak-e(v) be 6 (6) Mihren I hac 
L Kazaron froset (ut) pas Mihren pat an xvastak pes Kazaion datapar hamemar (7) 
bavel + Farraxv ne paUxsay be ka 6 (be 6) Kazaion ayet pat dastaparih andar estet (S) 
be-s patkarisn andar but ke gufi ku patixsay ka ne ayet. 

5, 9—6, 2: 

Ka pesemar pat en ku xvastak man xves ut apatixsayiha pasomar daret (10) 
pasemar hamemar (ut) pasemar ne xveslh (I) pesemar pat tast gopet pas (11) (6) 
zaman 6 dastapar xvahet Pusanveh I Azatmartan guft ku ka oton go Pet (12) a5ak-is 
zaman oh dahisn. Be ka goplet ku to ne xves ce man xves zaman I (13) 6 dastapar ne 
dahisn. Ce datastan be raSenltan ciyon ehrpatan gopend. Meto(k) (14) man guft ku-s 
zaman 6 dastapar ne dahisn. Ut Aparak guft ku zaman I 5 (15) dastaparan zaman I 6 
evarlh bavet ka-c-is xveslh I pasemar + (Ms.: dstwbl) xves guft estet (16) a5ak-ic-is 
zaman I 5 dastapar oh dahisn. Gyake nipist ku ka-s pat xveslh (17) but I dastaparan 
guft ka-c en ne gopet ku-m (ka) pat an dastaparih xves (1) a5ak-ic-is dastaparih I 6y 
guft bavet ku-m xves ce ana aSvenak but ne sayet. 

6,2—6: 

Vahram guft ku ka pesemar gopet ku en xvastak AturfarnbaY (3) xves but 
AturfairibaY 6 Mihren (ut) hac Mihren 6 man mat ut man xves ut apatixsayiha (4) 
Farraxv daret Farraxv pat nakira(y/k) pat ne etonlh I an hamak cis etonih I xves (5) 
apac apayet guft. Ka datastan pat var (ut) pasemar vehdatastantar var evac pat ne (6-) 
xveslh I AturfaxnbaY varzisn. 

* 



36 




TRlNSL-mON 



5,4—5; 

Vayayar has written that if the respondent has made a declaration (during the 
trial) concerning his ownership of a thing, the disposer (or "mandator") need not be 
summoned before the court. 

5, 5—8: 

And he (= Vayayar. cf. 5, A — 5) has also written that if Farraxv, from the town 
of Gor, sells a thing to Mihren from Kazaron (and if) Mihren subsequently brings suit 
concerning this thing before the judge of Kazaron, then Farraxv is not entitled to act 
in this case as the fully empowered disposer (of the disputed thing in order to confirm 
Mihren's title — A. P.) unless he presents himself in Kazaron. However, as regards 
his participation in the case (as respondent or as representative of one of the litigating 
parties — A. P.), some (authorities) have said that he is entitled not to appear (in 
Kazaron— A P.) [8]. 

5, 9—6, 2: 

If a plaintiff is in litigation with the respondent concerning the following: "(this) 
tiling belongs to me whereas the respondent possesses it unlawfully", but the respon- 
dent declares specifically that the thing does not belong to the plaintiff and subse- 
quently demands a court session with the participation of the disposer, then, accord- 
ing to the opinion of Pusanveh I Azatmartan, if (the respondent) makes such a decla- 
ration, the session (with the participation of the disposer for the purpose of establish- 
ing the respondent's title — A. P.) must be arranged. But if he (= the respondent) de- 
clares (to the plaintiff): "the thing does not belong to you because (it) belongs to me", 
then a session with summons to the disposer need not be arranged. For such a trial 
must take place according to the precepts of the ehrpats. (And) MeSomah has said 
that a session with the participation of the disposer need not be arranged (in response 
to the demand of the respondent). But Aparak has said that a court session with the 
participation of the disposer is a session (purporting to demonstrate) trusrworthiness 
and (therefore) that a session with the participation of the disposer must be arranged 
in such a case even if a declaration has been made regarding the ownership of the 
thing by the plaintiff (Ms.; 'disposer 7 ) [9]. It is written in one place (by Aparak? — 
A. P.) that if he (=the respondent) made a declaration about the ownership of a thing 
by the disposer without adding thereupon: "(and) on the basis of ('this') empowering 
(='title T mandate' —A. P.) received from him it belongs to me", then he has (thereby) 
said regarding his (= the respondent's) right (= title): "(the thing) belongs to me", for 
otherwise it is not allowable. 

6,2—5: 

Vahram has said that if a plaintiff declares: "this thing belonged to Aturfarnbay 
and Aturfarnbay (conveyed it) to Mihren and from Mihren it came ("passed") to me 
and (it) belongs to me whereas Farraxv possesses it unlawfully", then Farraxv — in 
order to object that everything did not occur (as asserted by the plaintiff) — must 
make a statement of the way in which this occurred in his opinion. If the trial is under 
oath (= by ordeal) and the right to take an oath is given to the respondent ("the re- 
spondent has the legal advantage"), then, it is sufficient to take an oath only that the 
thing did not belong to Aturfarnbay. 



37 



MUD: TEXT 



6, 6—9: 

Hac dasiaflaran pat^ (Ms.: BR') gyake nipist ku ka daslafiar (7) kc xvastak 6 ka_s 
ut kas ke an xvastak avi-s froxi pal an xvastak pal an! (8) sahr hamcmar hend 6 and 5 
ku-s xrllarih hamcmar kart eslcl ne patixsay (9) be ka savel u-s uzenak hac xves. 

6,9—11: 

Ka pasemar pal e(~v) + cis 2 daslafiar (10) (ut) marl 2 zaman o dastapar kart ul 
dastafiar evak ayet (ul) pal dataslan andar estet ut evak (11) ne ayet (an I ayet) das- 
lafJarih ut raSenisn I (datastan) pal hamak an datastan kart ne tuvan. 

6, 11—12: 

Ka dastapar (12) hac dastaparih naklrak bavet (ul) pas (pat datastan) andar esLet 
apak pesemar datastan jaSenltan kar nest. 

6, 13—14: 

Ka mart 2 akanen xvastak-e(v) 6 mart-e(v) frosend ut past kunend ku drust (1 4) 
darem + Vahram guft ku drust darisnih hac harv ke kamet xvast patixsay. 

6, 15—17: 

Apak aiu nipist ku mart 2 apak mart 2 patman kunend ku en cis (16) kunem 
hakar yuttar kunenf tavan dahem ka hac avesan ke an patman kan mart-e(v) (17) an 
patman ast ce yuttar kart an tavan 6 tozisn I harv do mart raseL 

6, 17—7, 2: 

Apak-ic ani (1) nipist ku ka gojiet ku xvastak 1 6 xveslh I amah akanen et-ic ce 6 
xvesih (2) I ainah yut-yut mat an I akanen mat ut yut-yut mat ra8 guft bavet nikeritan. 

7, 3—4: * 

Dastafiar ka matak ne mat estet (ut) ne danet patixsay ka ta matak astavet pat (4) 
dasta(3ar(Ih) andar ne estet. 



38 



TRANSLATION 



6, 6—9: 

It is written in one place with, a citation of the commentary on the Avesta that if 
a disposer (or "mandatary") having (sold) a thing to someone and the person to whom 
he sold the thing litigate in another sahr (= town, province), then, it is inadmissible 
for him (= the "disposer/agent") not to go where the litigation regarding the thing 
bought (or "the purchase") is taking place, and he shall bear the expenses himself. 

6,9—11: 

If a respondent has two disposers (or "mandataries") for one thing and an ap- 
pearance at a court session with the participation of the disposer is set. and if one of 
the disposers (or 'agents') appears (and) is present in court but the other one does not 
appear; (the one present) cannot act as the disposer (confirming the title of the re- 
spondent) nor conduct his affairs in this entire case. 

6, 11—12: 

If an agent (representing the respondent — A. P.) resigns and subsequently con- 
tinues to attend (the court session), then (his title) to conduct the case with the plain- 
tiff is null and void. 

6, 13—14: 

If two men jointly sell a thing to one person and make the (following) agree- 
ment: "we shall preserve (it) intact (evidently until the new owner should take pos- 
session of it — A. P.)", then, Vahram has said that he (= the buyer) has the right to 
demand the preservation of the thing from whichever (of them) he pleases. 

6, 15—17: 

At the same time it is written that if two men make the (following) agreement 
with two persons: "we shall do this (in this way) and if we do it otherwise we shall 
pay a fine"; then, if one of those who made this agreement does anything (of what has 
been stipulated in the agreement) in another way (/. e. violates any point, of it — 
A. P.), the obligation to pay the fine shall fall on each of the two men. ' 

6, 17—7, 2: 

At the same time it is written that if he makes the declaration: "the estate which 
belongs to us jointly as well as that which passed to us severally", then attention must 
be paid that a statement be made about the joint (property /possession) and about the 
one obtained severally. 

7,3—4: 

If the principal (= the principal respondent in a suit or the giver of the man- 
date — A. P.) is absent ("'does not appear") and has not been informed ("does not 
know"), then, the person having disposed of a thing (or u thc agent") is entitled not to 
act (in court) as one empowered (as a representative at the trial or as a disposer con- 
firming the title of the respondent — A. P.) until the former approves. 



39 



UHD: TEXT 



7. 4 — 6: 

Pasemar pal xvastak-c(v) patkarct ku vindisn i (5) ansahrik I-m hac Mihrcn xrit 

(Mihren? > Mihrcn-ic pat ansahrik (i) patkarct ku (ansahrik I-m hac (6) 

Mihren xrit)* ( ) zat zaman 6 dastafiar oh dahisn**. 



7,6—8: 

.iK. 

Ka pasemar pal xvastak (7) dastafiar (ul) vikay but ke guft ku pat 2 vikay but kc 
guft ku pat 2 dastafiar (S) darisn. 2 dastafiarih darisnlh ra5 viclr kunisn. 



7,8—11: 

Dastapar ka ayet + ut pat dastafiarih (9) andar estet ut be eraxtet pasemar patixsay 
ka an erangih ne patlgiret be (10) xvat pas(s)axv gopet (ut) datastan raSenet be-s 
nipist-e(v) hac-is 6 xvahisn pat (1 1) dat zaman 6 datafiar" (Ms.:dstwbl) oh bavet. 



.. 7, 11—15: 

." Vahram guft ku ka pasemar gofJet ku harv (12) ce dastafiar (I) man pat en (h)er 
gSfSet, kunet ut ra5enet pat guft kart ut raSenit (ta) (I) xves (13) darom ka dastafiar 
hacasmand bavet ma hakar ^naskaiih pat hacasmand evak (14) dastafiar bavet evak 
pasemar be eton danom ku eton ciybn ka hac pasemar (15) hacasmand but he vicir 
apayet kartan. 



7, 15—8, 2: 

Ka dastafiar gopiet ku-rn xvastak froxt" (16) be hac xves ne but pesemiar 
vinaskarih hakar-is kamet vas-ic guhaiik hac dastafiar (17) be kart + patixgay ka gti- 
harik vas pat grafiih kart matak hac pasemar xvahet (1) ka matak guharikan (hac an 
i) dastafiar pat xveslh be kunet a5ak-is apak pasemar raSenisn ne (2) bavet 



* The passage in pointed brackets is a repetition of the preceding line. 
"* The text of tins article is seriously corrupted by the omissions of the copyist. 



40 



TR-iNSL-iTION 



7, 4 — 6: 

The respondent litigates ("objects") concerning a thing: "the revenue from the 
slave bought by me from Mihren, (to Mihren? )". But at the trial Mihren as- 
serts regarding the slave: "(the slave bought by me from Mihren) * ( ) born", 

then a court session with the participation of the disposer must be arranged 
("given")**. 

7, 6—8: 

If the respondent as regards a thing brings forth both a disposer (confirming his 
title — A. P.) (and) a witness, some (authorities) have said that they should be consid- 
ered as two witnesses, while others (have said) — as two disposers. In order for them 
to be considered as two disposers, a special decision must be rendered. 



7,8—11: 

If the disposer (or "agent" — .4. P.) appears (in court), acts (there) as the em- 
powered representative (of the respondent), and loses the case ("is found guilty"); 
then, the respondent is entitled to reject this sentence and to respond himself and to 
conduct the case. However, a written obligation that he shall appear in court at the 
time designated must be demanded from him. 



'd* 



7, 11—15: 

Vahram has said that if the respondent declares: i: I will consider ('hold, accept') 
everything said, done and directed concerning this property (' thing') by my empow- 
ered representative (or 'agent' — .4. P.) at the trial as said, done and directed by my- 
self', and if the empowered representative defaults at the trial; then — even though 
either the representative or the respondent (himself) may be at fault — this is my un- 
derstanding (of such a case): the decision must be rendered as though the respondent 
were guilty of default. 



7, 15— S, 2: 

If the empowered representative (of the respondent, who disposed of a thing, or 
his mandatary — .4. P.) declares: "'I sold the thing but not in my own right (or, 'not 
from property belonging to me personally' — A. P.)", then — should he so desire — 
the plaintiff is entitled to claim ("extract") a compensation equivalent to the loss, 
from the property belonging to the representative. If, however, a value equal to the 
loss has been given as security, then he (= the plaintiff) claims the principal (/. e. the 
compensation for his loss — A. P.) from the respondent. If, however, he exacts (a sum 
of money) equal to the principal from the property belonging to the representative (of 
the respondent), then no suit (= claim by the plaintiff — A. P.) can be brought against 
the respondent. 



'11 



HUD: TEXT 



8,2—1.0: 

Ka pascmar andar pesemar i fratom pal dastapar nakira(k) bavel ut andar (3) 
pesemar I dilikar dastapar (ne) an kunel I-s andar pesemar i fratom kart (4) pasemar 
ka apar xves but (IJ dastafiar [I pas] gufl be eslel (ut) pat mat I (5) hac an dastapar 
patkarel et ra5 ka-s andar pesemar I fratom dastapar ne an (6) kart I-s andar pesemar 
I dilikar guft but ke gufl ku pat vastaklh^f?) eraxt. Vahram gufl ku pat an vastaklh ne 
eranjenisn ce andar pesemar (8) I dilikar cis-ic vastaklh ne kart ut vastaklh an bavet 
ka andar pesemar (I) nakira(k) (9) bavel dastafiar ne an I (andar) pesemar I (fratom) 
kart (ut) nazdisl Farraxv e(v) ut pas Mihren e(v) pat dastafiar kart. 

8, 10—11: 

Dastapar ka pat xvastak ke pat-is dastapar 6 dataparan* (Ms.: dstwbl'n) zaman 
(11) xvahet zaman oh dahisn. 

8, 11—13: 

Zaman I o dastapar ne matak be (dastapar) anasan-tan amar ka-c matak (12) hac 
nerok ut mizd kam a5ak-ic sal drahna5 zaman dahisn pat kartak ka has sayet pat (13) 
amat + zaman ves ne dahisn ku an I ta hangam ka pat mat tuvanik. 



XXI* 

8, 15: 

Dar I vastaklh ut aparik-ic eranglh. 

8, 15—16: 

Pat xvarastlm pat vicart pat-ic man be hist (16) harv 2 evarih xvast. 

8, 16—9, 1: 

Gyake nipist kii pat man be hist ka andar ra5enisn I (17) datastan gopet 
varomand kart bavet hac-ic diplrih 1 I-m dit pat xvarastan kart (1) estat eton paytak 
but. 



* The (abjacf) ordinal -number 21 is placed in line 34 above the heading of the chapter. 



42 



TRANSLATION 



8. 2—10: 

If a respondent (argues) with a first plaintiff about the disposer (of the disputed 
thing or title — A. P.) while in a dispute with a second plaintiff he does not specify as 
disposer the same (man) whom he declared as disposer (defending his title to a thing) 
in the case of ("as regards") the first plaintiff, (and if) the respondent conducts the 
case, insisting that (the thing) belonged to that disposer whom he designated later and 
that (he) obtained it from that disposer, then — ■ inasmuch as he did not specify as 
disposer (defending his title) in the case of the first plaintiff the same (man) as he 
designated in the case of the second plaintiff — some (authorities) have said that he 
should be condemned for (or "found guilty of") a change in declaration. But Vahram 
has said that such a divergence ("change") in declaration is not liable to condemna- 
tion (= cannot be imputed as guilt) because he made no deviation (from the declara- 
tion made in the case of the first plaintiff — ,4. P.) in the case of (''as regards") the 
second plaintiff; whereas there would be a divergence ("change") if — in the case of 
the plaintiff with whom he is in dispute — he were not (to designate) as disposer the 
(same) person whom he had designated in the case of (the first) plaintiff: (if he were 
to designate as a disposer in the first case ("at first") a certain Farraxv, but in the sec- 
ond case ("later") — acertain Mihren. 

S T 10—11: 

If a mandatary demands from the judges a court session regarding the thing over 
which he (was given) full powers, then a session must be arranged ("given") [10]. 

8, 11—13: 

As regards the setting of a time limit for the appearance in court of a disposer (or 
"agent /representative" — .4. P.), the sickness of the disposer and not of the principal 
(= the litigant himself, or the giver of the mandate — A. P.) is taken into considera- 
tion. Even if the principal has little physical strength or earnings (the court session) 
must be set within one year. According to the existing judicial (norms), if (this) can 
be arranged earlier, then, no more time should be granted for the appearance (in 

court) than that in which he (= the disposer /representative) is able to appear. 

■ 

i 

XXI * 

8, 15: 

Chapter concerning the making of contradictory statements (= concerning 
"change" in declaration) and other offences. 

8, 15—16: 

In an ordeal court, (an oath — A. P.) is required concerning the trustworthiness 
of each of these two (statements): "'it is paid", or il I am released (from the debt)". 

8, 16—9, 1: 

It is written in one place that if he declares at a court trial: "I am released (from 
the debt)", then (the trustworthiness of this particular statement — /!. P.) is verified 
through the ordeal procedure (= by oath). This was also evident from an ordeal court 
record /document seen by mc. 



-13 



MHD: TEXT 



<J, 1—3: 

Vastak-saxvanih ka 6 evarih vartel (2) ne eranjenisn ut ka ne 6 evarih vartel 
eraxian (ne) eton ciyon Alur-Ohrmizd (3) guft (ku) ka-c ne 5 evarih vartel a5ak-ic ne 
eraxtan. 



9,3—6: 

Ka pasemar pat (4) vastak saxvanlh eranjenit ut pas paytak bavet leu pesemar 
datastan dray (5) xvast pesemar xvastak 1-s hac pasemar be grift hac bar I-s burl (6) 
hammis pat tavanlh-ic 6 pasemar dahisn. 



9, 6—8: 

Ka pasemar vastak bavet (7) pesemar pat an vastaklh pat evak + cis ne vimayet ut 
saxvan-namak be avartet (8) pas pat an vastaklh ne eranjenisn. 



9,8—11: 

• Ka saxvan-namak hac raSenism manet (9) pasemar ka patkaret kQ-m pas hac an 
vicart ne eranglh hakar go(5et ku-m (10) pes vicart erangih. Ut apak an pat man be 
hist I andar raSenisn I datastan ra5 (11) hacapar nipist nikeritan. 



9, 11—14: 

Ka pesemar pat xvastak 2 1-s evak xves ut evak (12) ne xves (ut) pasemar an- 
bassan (ut) andar raSenisn i datastan pesemar an xvastak hac pasemar (13) be 
ap(p)uret a5ak-ic an xvastak I pesemar xves 6 pasemar ne raset (14) by ap(p)ur raS 
hac pasemar kem be ne stanisn. 



» 



44 



TRANSLATION 



9, 1—3: 

If — altering his declaration (= testimony) — he turns to the trustworthy one 
(/'. e. if his last testimony is trustworthy — A A), then, (he) should not be sentenced 
(lo the punishment provided for contradictory testimonies — A P.); but if he turns to 
(Lhe one) unworthy of trust, he_ should be convicted (for this), and (one should) not 
(follow) what was said by Atur-Ohrmizd: that even if he turns to the false 
(testimony), (he) should still not be sentenced (to a punishment for this). 



9,3^6: 

If a defendant has been found guilty of making contradictory statements (= of 
altering his declaration in court) and it is subsequently discovered that the plaintiff 
sought a false judicial decision (/. e. deliberately led the court into error), then the 
plaintiff must give to the defendant — along with the fine — the thing taken by him 
from the defendant and all the fruits (= revenue) brought by it. 



9, 6— S: 

If the respondent alters his statement (but) the plaintiff suffers no damage 
through this alteration of testimony, and he (= the respondent) seals the minutes of 
the testimony (with his own seal); then, he should not be sentenced thereafter (to -a 
fine) for this alteration in his testimonv. 



9,8—11: 

If the minutes of the testimony at a judicial session are preserved but the respon- 
dent objects at the trial: "I paid subsequently to this", then (such a divergence from 
his testimony as recorded in the minutes — ,4. P.) is not deemed to be an offence. But 
if he declares: i; I paid before this", then that is assessed as an offence. And (this case) 
must be considered together with what has been written above on the one regarding 
the declaration: "I am released (from the debt)". 



9, 11—14: 

If a plaintiff litigates with a respondent as regards two things — one of which 
belongs to him and the other does not — (and if) the plaintiff seizes this thing (= the 
one which is not his) from die respondent, then even in this case, the thing which 
belongs to the plaintiff does not pass to the respondent. But he (= the plaintiff) — de- 
spite his having commitcd a robbery — shall receive (his thing) in full from the re- 
spondent (as well as the reimbursement for the loss born by him because of the inter- 
ruption in his possession thereof; cf. 9, 3 — 6 — A. P.). 



Ar, 



MUD: TEXT 



9.14—10,7: 

KLa hangam ayap dnstafiar ayap (15) cc aovenak (ul) xvcsih vartenet eraxtan ui 
hangam vartcnitan an bavet ka naxvist (16) go pet ku sal evak hac Mihrcn 6 man mai 
ut pat an dastaparih darom ut pas gopet (17) ku sal 2 mat ut pat an dastaparih darom 
ut ka apar an I pat (I) sal evak patkaret (1) et ne gopet ku pat an dastaparih darom 
ka-c pas hangam vartenet ut pat darisn (2) sal ditlkar kunet a5ak-ic ne eraxtan ut 
dastaPar vartenltan an bavet ka naxvist + (3) goPet ku Farraxv xves but u-s be 6 man 
~dat ut pat an dastaparih darom (4) (ut) pas gopet ku Mihren xves but u-s be o man dat 
ut pat (an) dastaPatlh (5) darom. Ut ka pat an I pat mat I hac Farraxv patkaret et nc 
gopet ku pat an (6) dastaparih darom ka-c pas dasta par vartenet ut pat darisn dastaPar 
an I aptom gopet (7) a5ak-i£ ne eraxt(an) ut ce aSvenak xveslh-ic datastan an ham. 



10, 7—9: 

Ka pasemar andar (S) raSerusn naxvist gopet ku-m zan I to ne gat ut pas gopet 
ku-m gat (9) be-m ne andar zardh I to gat vastak-saxvanlh ra5 eraxt(an). 



- 10,9—11: 

Ut pat-ic (1 0) zahni ka gopet ku-m ne zat hen ut pas gopet ku-m andar abo5lh <I) 
zat (11) hen a5ak-ic eraxt. 



xxn 

10, 12: 

Dar* I hacasmand. 



* The ordinal-number of this chapter is 22. 



4& 



TIUNSL4TI0N 



9, 14—10, 7: 

If he changes (gives a contradictory testimony at the trial — A. P.) the time, or 
the disposer, or the origin and nature (lit. "the manner = the way in which") of the 
holding (= possession of a thing), he should be sentenced (to some measure of pu- 
nishment, to a fine — A. P.). An alteration of die time occurs when at First he de- 
clares: "it is one year (since) (this thing) came ('passed 1 ) from Mihren to me and I 
possess it on the basis of this title (= disposition of the thing by him)" 1 , and subse- 
quently he says: "it is two years (since) (it) passed to me and I possess (it) on the basis 
of this disposition''. (Then), if in his declaration in court regarding one year he does 
not say: "(and) I possess (it) on the basis of this title", (then) — even though he sub- 
sequently alters the time and indicates ("declares") another year for the (length of) 
possession (of the thing) — he should still not be sentenced to (a punishment a fine). 
A change (= substitution) of disposer occurs when at first he declares: "(the thing) 
belonged to Farraxv, and he conveyed (it) to me, and I possess (it) on the basis of this 
empowering (= disposition of the title)", and subsequently he says: "(the thing) be- 
longed to Mihren, and he conveyed (it) to me, and I possess (it) on the basis of this 
empowering (= his disposition)". If in his assertion at the trial that (the thing) passed 
to him from Farraxv he does not say: "(and) I possess (it) on the basis of this title 
(= of this disposition of the thing)"', then — even though he subsequently substitutes 
the disposer and designates the one whom he named last (/. e. Mihren — A. P.) as the 
disposer of the possession — even in such a case, he should not be sentenced. And 
similarly, (in cases of statements) regarding the origin and nature of (one's real right), 
the decision is the same. 



10, 7—9: 

If the respondent at first declares at the trial: "I did not commit adultery with 
your wife", and subsequently declares: "I did commit adulter)' but not during the pe- 
riod when she was married to you'; then, he should be found guilty of making con- 
tradictory statements ("a change in declaration"). * 



10,9—11: 

And similarly as regards acts of physical violence (= "blows"), when he declares: 
"I did not strike you", and subsequently says: "I struck you while in a state of uncon- 
sciousness"; then in this case as well, he should be found guilty (= sentenced to a 
punishment). 



XXII 
1.0, 12: 

Chapter* concerning contumacy (default). 



MUD: TEXT 



111, 12—11,7; 

Ka goflcl ku man xvcs darom u-m pasemar (13) hac darisn vizaycl ul hacasmand 
bavct pal evak hacasmand pal darisn (la) dalastan (14) sar (viclr kunisn) ka-s nokiar 
vizayct pastak hcnd ul ka go[ict ku man xvcs darom (15) u-m (u-m) pasemar hac-is 
vizaycl ut hacasmand bavct ast ke clon go[Sel (16) ku cn-ic clon bavci ka gopcl ku 
man xves darom u-m pasemar hac (17) pal xveslh dastan vizayct ul pat evak 
hacasmand viclr kunisn ku la dalastan (1) sar bavet ma vizay ul pat hacasmand I 
dittkar grap" havand-c(v) be apisparisn ut pat sitlkar (2) eraxt. Ut apar Dilastan- 
namak cryon nipisl ku ka goficl ku man xves darom u-m (3) pasemar hac-is vizayet ul 
hacasmand bavel viclr kunisn ku la dalastan sar bavet ma (4) vizay ut ta 2 yavar 
hacasmand bavet viclr hamgonak kunisn. Ut yavar I sitlkar eraxt ut pat xveslh (5) be 
apasparisn. Zurvandat anl-c but + ke gufi ku pat hacasmand I ditlkai (6) grajj havand- 
e(v) be apisparisn ka hac pesemar bavel ta 3 yavar harv yavar-e(v) grafi (7) havand- 
e(v) be apisparisn- Ka pat 3 eraxt xvastak 6 pasemar apisparisn. 

11,8—13: 

Ka go [iet ku mart 3 be ap(p)urt ut mart 1 hamemar horn ul hac pasemar 
hacasmand (9) bavel sra5-e(v) [Ms.: fvX)] u t tavan 12 grafl be apisparisn ut pat 
ditikaT hamgonak ul pal sitlkar eraxt (10) ui pat xveslh be apisparisn ut pas hac-ic 
avesan I aparik har\" evak tavan 12 (11) xvast patixsay ut ka-c hac pesemar bavet 
hamgonak ul ka harv 3 man patdatastan (12) hend (ut) hac harv 3 mart pat bahrak 
ciYon son niyapet be kunisn ut pesemar-ic hamgonak (13) apisparisn. 

11, 13—16: 

But ke guft ku ka gopet ku apatixsayiha to dareh (ut) hac (14) pasemar 
hacasmand bavet apar (tavan) ul pat-ic sra5 viclr kunisn ku ta datastan sar bavet (15) 
apac apispax ut pat ditlkai grafi havand-e(v) be apisparisn ut pat sitikar eraxt ul pat 
xveslh (16) be apisparisn. Ut ka-c hac pesemaran bavel hamgonak vicarisn. » 



TRANSLATION 



10.12—11,7: 

If he declares: "(this thing) belongs to me but the respondent is depriving me of 
(its) possession", and there is default (= contumacy, or suspension of judgement be- 
cause of the non-appearance of the respondent — .4. P.); then, at the first default, a 
decision must be rendered as to the status of the possession until, the end of the case. 
But if he (= the respondent) again deprives him (of this possession), they bind them- 
selves with an obligation (/'. e. they make a judicial wager). And if he declares: "(this 
thing) belongs to me but the respondent is depriving me of it", and there is default, 
some (authorities) say that this case is analogous to the one where he declares: "(this 
thing) belongs to me but the respondent is depriving me of the rightful possession". 
(Then), at the very first default (the first non-appearance of the respondent- 1 - A. P.), 
the following decision is rendered: "do not deprive him (of it) until the end of the 
case!". And at the second default (both parties) must deposit a stake of equal value, 
and at the third — the sentence is pronounced. And it is written in the Datastan- 
namak that if he declares: "(this thing) belongs to me but the respondent deprives me 
of it", and there is default, then (the following) decision must be rendered as to the 
detention of the disputed thing: "do not deprive him (of it) until the end of the case!". 
And in the case of a second default the same decision must be rendered. And in the 
case of the third default — the sentence is pronounced and (all the stakes along with 
the disputed thing) must be delivered (awarded to the plaintiff — A. P.) as his per- 
sonal possession Another (authority), Zurvandat, has also stated likewise that at the 
second default (each of the parties) must furnish a stake of equal value. But if the de- 
faulter is the plaintiff, then — at every default — stakes of equal value must be de- 
posited (by the litigants). And the third time — the sentence is pronounced, and (the 
thing and all the stakes) are awarded to the respondent. 

11,8—13: '* 

If he declares: "(I) have been robbed by three men and I am litigating with one 
(of them)", and the respondent defaults, then a trial stake as well as 12 (drahmsl) of 
fine must be deposited as security, and the same (is done) the second time; and the 
third time — the sentence is pronounced and (the securities furnished— A. P.) are 
delivered (to the plaintiff) as his personal property; and he is subsequently entitled to 
demand (the payment of) a fine of 12 (drahmsl) from each of the others (= the two 
other men who took pan in the robbery but were not summoned to court V A. P.). 
And the same is done if the defaulter is the plaintiff. But if all three (= those accused 
of the robbery) participate in the case, then — as custom requires — a share (= an 
amount equivalent to his part in the obligation to deposit a stake — A. P.) shall be 
demanded of each of then. And the plaintiffs party (if it consists of several persons — 
A. P.) must furnish (a trial stake) in me same manner. 

11, 13—16: 

Some (authorities) have said that if he declares: "you possess (this thing) unlaw- 
fully", and the respondent defaults, then (the following) decision must be rendered as 
regards the fine as well as the pledge of the judicial wager: "deposit them (in court) 
until the end of the trial!". And at the second (non-appearance), a stake (or stakes) of 
equal value must be furnished (lo the court — A. P.), and at the third — the sentence 
(must be) pronounced (= in favour of the plaintiff — A. P.) and (the disputed thing as 
well as all the stakes) are awarded as personal possessions /"his own property" (to the 
plaintiff— A. P.), And when the defaulter is the plaintiffs party, (the case) shall be 
resolved in similar fashion. 



:in 



MUD: TEXT 



11, 16 — 12, 4: 

Ka gofict ku man (17) ansahrik hch u-t ansahrikih I man kunisn ut hacasmand 
bavet vicir kunisn ku la dalasian (!) sar bavet kar I pcscmar kunet ut pat-ic zan 
hamgonak an! gyakc nipist ku ka hac pasemar hacasmand bavet vicir kunisn ku la (3 ) 
datastan sar bavet zamli byon ciyon zan I xves (4) hefi kunet. 

12,4 — 9: 

Mariak ansahrik rao byon nipist ku pat nazdist hacasmand rockar and cand (5) 
dalasian ra5enltan rS5 andar apayct ut aparik be apisparisn ut pal an I dilikar hakar-is 
(6) attanlh hasl grap 1 apisparisn ut pal sitikar sar grap hakar pesemar guit estet (7) ku 
ansahrik ce arzet pal an arz ul ka yuttar pat 500 drahrn be apisparisn ul zan ra8 byon 
nipist ku pat nazdist hacasmand vicir kunisn ku zanlh I yul hac gatan (9) kunet ut pat 
ditlkar grab" 500 drahm be apisparisn ut pat sitikar sar. 

12, 9—13: 

Ka gospand (10) 21 Farraxv ut Mihren akanen ayap ynl-yul xves Mihren daret 
ulrFarraxv gospand 1 (6) Pusak (11) dahef ut Pusak an gospand an I Farraxv xves ne 
snaset ut Mihren-ic an gospend an I 6y (12) xves paytak ne kunet u-s hacasmand hac- 
is?bavet Pusak patixsay ka an gospand (13) harv 2 pat grap be giret ut bar hac-i5 
baret. 

■ ; 12, 13—16: 

Ka gopet ku en zan man (14) xve<T to apatixsaylha dareh ut hacasmand bavet ta 
3 yavar hacasmand (15) bavet zan be ne apisparisn ce darisn evar ut bunxvesih 
varomand ut ka (16) pat xvastak saxvan pesemar hamgonak goflet a5ak-is datastan 
hangbnak bavet. 

12 f 17: 

Ka mart apar mart-e(v) hamemar ku-t (pat) xvastak o man dahisn ut hac 
pasemar hacasmand...* 



* The text of this article breaks off here mid the next folio aflhc manuscript is missing. 



50 



TRANSLATION 



11, 16—12,4: 

If he declares: "you are my slave and you must be in servitude to me" and there 
is default (on the part of the respondent — A. P.), then the decision to be rendered is 
that he (the slave-respondent — A, P.) must work far the plaintiff until! the end of the 
case. Equally, in the case of a wife, (the decision to be rendered is) the same. And the 
same (is done) if the defaulter is the plaintiff. In another place it is written that if 
judgement is suspended through the fault of the respondent, then, the decision must 
be rendered that until the end of the case (the disputed wife appearing in this case as 
respondent's party — A. P.) must perform her wifely duties (for the plaintiff) as 
though she were his wife, while the slave (must perform his duties as a slave) as 
though he were his (= the plaintiffs) slave. 

12, A — 9: 

Martak has written this as regards a slave: at the first ("nearest") default, (he 
must work for the plaintiff) as many days as are required for the conduct of the case, 
and the other (litigant) must furnish a stake, and at the second default — if he (= the 
slave-respondent) is capable of payment — he must furnish a stake, but at the third 
default — it is the end (of the case). (As regards the value of) the stake — - if the 
plaintiff states the value of (this) slave — ■ the amount of the stake is set by this price, 
otherwise a pledge valued at 500 drahms must be furnished. And as regards a wife he 
(= Martak) has written as follows: at the first ("nearest") default the decision shall be 
rendered that she should perform the duties of a wife (of the plaintiff — A. P.) except 
for sexual intercourse, and at the second default a stake valued at 500 drahms must be 
furnished, but at the third — it is the end (of the case). 

12, 9—13: 

If two sheep belonging jointly or separately to Farraxv and Mihren are in the 
possession of Mihren, and Fahraxv conveys one sheep to Pusak but Pusak is not able 
to identify the sheep belonging to Farraxv, and Mihren does not make a declaration as 
to which of the sheep belongs to him, and judgement is suspended through llis fault; 
then Pusak is entitled to take both sheep as security and to benefit from them (until 
the sentence is pronounced — A. P.). 

12, 13—16: 

If he declares: "this is my wife and you hold her illegally", and the respondent 
defaults, then, — until the third default — the wife shall not be given (to the plaintiff) 
because possession is certain while the fundamental title is uncertain. And if the 
plaintiff makes an analogous declaration in a case regarding a thing, the decision of 
the court is the same. 

12, 17: 

If a person litigates with another (and makes the following declaration): "you 
must deliver the thing to mc" and the respondent defaults...* 



51 



MUD: TEXT 



13, ]— 4*; 

... lozisn I pitaran hamcmfir hcnd (ul) pascmar pat tozisn pat nc danist ka var J 
denlk (?) (2) pesemar* (Ms.: pascmar) var pat ne etonih varzisn ul aparlk 
Men6(k)marlan (? Ms,: mynwkGBR'Yi) clon guft ku ka var an J pa5 nisan var pat nc 
danom varzisn pas pesemar pat cvarih paytakenisn. 



13 > 

Ciybn pat Nipislak dit Mahraspand I rat but (gufL ku) pat lozisn I katak-xvatay 
(5) ke saxdar ut katak-banuk ka-san pat ne danist var varzlt but be (ne) hilisn. 



13, 6—13: 

Gyake nipist ku ka pat datastan pesemar saxdar ut katak-banuk haxnemar ut pat 
var (7) pasemar hac pesemar vehdatastantar (pesemar) sardar ut katak-banuk har(v) 2 
vax dal (8) apayet ut sardar ut katak-banuk saxdar ne be katak-banuk var varzisnlh ra5 
patkaxend (9) ut datastan pat var I pat sokand saxdar ut katak-banuk ka datastan hac 
an xves but I (10) katak-xvatay vicartan apayet I (katak-xvatay dastaflaran) tozLsn 
saxvan ka pat var xves but I (1 1) katak-xvatay ut dastafiaxaxi xvastak \dcartaa apayet I 
"katak-xvatay tozisn pat ne (12) danist gopend pat an I pat an a5venak gofiend var dat 
apayet ut haxv 2 var varzisn (13) u-san ahang kart ku ma hakar evak varzet ut evak 
ne varzet. 



13, 13—15: 

Ka pesemar (pesemar) (14) pat et kart estet ku suxna dutak ra8 apam stat (tit) 
naklra(k) hend pat an I naklra(k) (1 5) hend haxv 2 pat tast var varzisn ut hakar var rie 
varzend pat hacasmand darisn. 



* The beainniim of this article is missirt". 



52 



-EJ*r" 

TRANSLATION 



13. I — \-*: 

... litigate as regards estate debts ("the debts of fathers"), then, the respondent 
must take the oath, stating: "I did not know", if it is a case of denlk (?) ordeal, while 
the plaintiff [11] (must take the oath, stating): "it is not so". And Meto(k)martan has 
said moreover ("another") that in a case of paS nisan ordeal ("tied feet" — the name 
of a variety of ordeal — A. P.), he (= the respondent) must take the oath, stating: "I 
did not kno\v" , and subsequently make a declaration regarding the truthfulness (of the 
claim, of the declaration — .4. P.) of the plaintiff. 

13, 4 — 5: 

As I have seen in the Nipistak ("xVfemoriar or "Rescript"), Mahraspand. who 
was a rat, has said that as regards the obligation to settle the debts of a (deceased) 
head of household /paterfamilias — the guardian and the mistress of the house are 
(not) released, even though they have taken the oath (stating): "(we) did not know". 



13,6—13: 

It is written in one place that if a plaintiff litigates in court with the guardian and 
the mistress of the house, and the taking of the oath is adjudicated to the respondent 
and not to the plaintiff; then both (= each of them) the guardian and the mistress of 
the house must take the oath. And if a contestation arises between the guardian and 
the mistress of the house as to the taking of the oath by the mistress of the house but 
not by the guardian, the trial is to be conducted by oath ordeal (or "by sulphur ordeal" 
= a variety of ordeal imposing the drinking of a liquid containing sulphur — .4. P.). 
(And if) — in a case where the decision of the court (was) that the debts of the 
(deceased) head of house ho Id /pater /aw/V/os- must be settled from his estate (by the 
persons empowered as regards the estate) — the guardian and the mistress of the 
house declare at the taking of the oath that they i: did not know" about the existence 
("belonging"") of (the debts) of the head of household and about the obligation of the 
empowered persons (in this case themselves —.4. P.) to settle the debts of the'shead of 
household; then, an oath must be taken about this (specific) circumstance (/. e. about 
their ignorance of their duty to settle the debt — .4. P.) and the oath must be taken by 
both of them. And as it is prescribed by regulations for their (case), it should not hap- 
pen that one of them does take the oath and the other does not. 



13, 13—15: 

If the plaintiff declares the following: "you (/'. e. the widowed mistress of the 
house and the guardian appearing jointly as the respondent — A. P.) have received (a 
loan) for the family"' and they deny it, then they must both undergo the ordeal (= take 
an oath) concerning (the very thing that) they arc denying (/. s. swear that they did 
not receive a loan — .4. P.) as a demonstration of the trustworthiness (of their state- 
ment). But if they refuse the ordeal (= refuse to lake the oath), then this is to be 
treated as a case of contumacy. 



53 



A///D: TEXT 



13, 16—1-1.2: 

Hac dastafiaran paT (Ms.: BR' = be) gyakc nipisl ku ka pesemar go fie t ku 
xvastak AturfambaY (17) xves but (hac xves) (ut) apatixsaylha. Farraxv darel Farraxv 
pal ne etonlh 1(1) an hamak cis ctonfh I xves apac apayct guft in hakar datastan pal 
var ut pasemar vehdata(2)stantar var (pat xvesih I xves) ayap pat ne xvesih I 
AturfambaY varzisn. 

— 14, 2—5: 

Pesemar goflet ku (3) xvastak man xves ut apatixsaylha pasemar daret (ut) 
datastan pat" 5- (Ms.: BR' = be) var I pa 5 nisan mat (4) pasemar ka var eton varzet kiJ 
ne to xves Pusanveh i Azatmartan guft ku (5) var bavandak Farraxv-Zurvan-ic 
hamgonak guft. 

14, 5—7: 

Ka gofSet ku AturfambaY xves but ut hac (6) AturfambaY ° man mat Pusanveh 
guft ku ka var eton varzet ku AturfambaY xves (7) ne but var bavandak. 

14, 7—12: 

Ka dutak sardar (ut) katak-banuk pat tozisn hac dutak o mart I sahr (8) kaxt 
apayist xvastuk bavend ut xvastak pat tozisn apisparend tit pas andar dutak (9) pus 6 
pumaylh raset (ut) apak 6y ke xvastak daret (pat) tozisn kartan ne apayet patkaret 
(10) ut datastan raSenet pat var pus vehdatastantar be ka pes dataflaran xva-stulc 
bavend tit pesemar (11) xvastak pat vieir I dataflaran be kunet/glret pat en ku tozisn 
but pat var 6y ke xvastak (12) daret vehdatastantar ku pus. 

14, 12—17: 

Ani gyake nipist ku. pat hacasmand l pasemar (13) kart ka grafl hac pasemar be 
kart/grift but vinaskirih I pasemar ut et-ic ra5 (...) * (14) ka en guft estet ku darisn I 
pat vicir I dataflaran be pat evarih enya apac (15) ne apaiisn*' (? Ms.: YHSNWsn = 
darisn) ka cak (?/ka-c 6?) ta an hangam pat var pasemar vehdatastantar but (.. .) ** 
a5ak-ic hac-is (16) xvastak pat T,ic!r. I dataflaran .be. kart /grift darisn boii^rt ut pat var 
pesemar vehdatastan(17)tar. 



* A line lias been omitted in the manuscript. 
"* Line 15 cannot be translated coherently, amissions and corruption are clearly pres ent. 



54 



TR-INSL-ITION 



13, 16—14, 2: 

It is written in one place with a citation from the authorities (= the commentators 
on the Avesto — .-1. P.), that when the plaintiff declares that a thing belonged to 
AlurfarnbaY but Farrxv possessed it illegally, then, Farraxv must make an answering 
declaration that everything is not so and that the thing belongs to him. And if there is 
a trial by ordeal and the ordeal — oath — is adjudicated to the respondent, then, he 
must take an oath (stating that the thing belonged to him), or that it did not belong to 
Aturfarnbay. 

14, 2—5: 

The plaintiff declares: "'the thing belongs to me and the respondent possesses it 
illegally", and the trial has reached (the stage of — .4. P.) the pad nisan ("bound 
feet" — a variety of ordeal — ,4. P.) ordeal, then, if the respondent swears as follows: 
"(this thing) does not belong to you", the oath is sufficient according to Pusanveh I 
Azatmartan; Farraxv-Zurvan has said the same. 

14, 5—7: 

If (the plaintiff) declares: 1 * ( tn is Lhing) belonged to Aturfarnbay arid from 
Auirfarnbay (it) came to me", (then), as has been said by Pusanveh. if he (= the re- 
spondent) takes an oath in this fashion: "(it) did not belong to Aturfarnba"/", (such) 
an oath is sufficient. 

14,7—12: '* 

If the guardian and the mistress of the house agree that a settlement from the 
family estate is due to a fellow-citizen and deliver a thing in payment, and subse- 
quently, a son from (this) family reaches his majority and brings suit against the one 
(= the citizen) who received ('"has") the tiling — maintaining that the payment was 
unnecessary; then, the son has the legal advantage in the taking of the oat,h. But if 
they {= the family guardian and the mistress of the house) declare their agreement 
before the judges, and the plaintiff takes the thing according to a judicial decision, 
then the one who received (''holds") the thing — and not the son — shall be the right 
person to take the oath (slating that) "the payment was due". 

14, 12—17: 

In another place it is written that if — as the result of contumacy on the part of 
the respondent — a pledge (or judicial wager) was taken from the respondent because 
of the respondent's guilt as well as because (...)* if it is declared that his title of pos- 
session is based on a judicial decision, then (it) should not be returned (? withheld?) 
except upon the presentation of trustworthy proof. If the document (? containing the 
judicial decision) until that time the respondent has the legal advantage in the oath 
taking (= the ordeal) (...)** , in that case too, the thing should be taken away by ju- 
dicial decision, the possession liquidated ('"freed, dissolved") and the plaintiff should 
be given the legal advantage in the taking of the oath. 



MUD: TEXT 



14, 17—15, I: 

Apak an guft ku pat markar/iin pal-ic cvak hacasmand sar brit apayct (]J hac 
Apastak (Ms.: 'pvsLk') pnytak nikcrilan. 



xxrn 

15, 2—3: 

Dar* I tozisn T (3) hac dutak kunisn ut et-ic \ 6 dutak xvahisn. 

15, 3—7: 

Gyake nipist ku (4) ka tozisn hac dulak xvast ut zan ul sardar harv 2 harnemanh 
kart ut evak ne sul + (5) ut hacasmand bavet hakar hac sardar bavet grap hac dutak ne 
be (apisparisn) hakar hac zan ut sardar (6) yut-yut hacasmand bavet oyon ciyon ka 
pat ev + yavar but he grap hac dutak (7) be apisparisn. Ut Zurvandat guft ku ka yut-yut 
grap cis-ic ne apisparisn. 

15, 8—9: 

I Ka hac dutak tozisn be kunisn ut zan 3 pat dutak be ka harv 3 hamemarih be (9) 
kunend enya ne sayet. 

15, 9—10: 

Zan I pat dutak stur ka tozisn 6 dutak xvahet (10) ut ka-c hac dutak tozisn-e(v) 
xvahend yut hac sardar ne sayet. 

15, 10—11: 

Ka dutak sardar ut pus (11) katak-banuk pat pesemarih I ut pasemarih I (h)er I 
dutak 6 datastan ne xvahisn. , 



15, 12—14: 

Ka sardar ut katak-banuk pat tozisn I katak-xvaiay xvastuk bavend (ut) pat tozisn 
xvastak (!) (13) dutak be apispnrend (ut) pus-etv) i andar dutak 6 pumaylh raset (pat) 
oy ke xvastak (14) be kart /grift hamemir bavet pat pesemarih datastan xvap. 



The (abjad) ordinal-number is placed in line 1 above the Lille of the chapter. 



56 



TRANSLATION 



14, 17—15, 1: 

In addition it is said that the head of the one accused of a capital offence shall be 
cut off at his very first failure to appear in court; (this) is evident from the Avesta. 
Take note! 



xxm 

15,2—3: 

Chapter* concerning payments (= in settlement of the debts of a deceased per- 
son Ide cuius — A. P.) from the family estate ("from the family") as well as payments 
liable to claim by the family. 

15, 3—7: 

It is written in one place that if a claim was made for the settlement of a debt (of 
the de cuius) by the family, and if both the wife (= the widow) and the guardian acted 
(jointly) at the trial, and one of them did not appear (in court), and the case was sus- 
pended; then — if (the case) is suspended through the fault of the guardian — no 
pledge (= trial stake — ,4. P.) need be (furnished) from the family (estate), but if the 
case is suspended through the fault of the widow ("wife") and the guardian — be- 
cause of each of them separately — then, the pledge must be furnished from the fam- 
ily estate ("by the family") as if it were a case of a single (default). But Zurvandat has 
said that even when (the trial is suspended) through the fault of each of them sepa- 
rately, (in this case also) no pledge need be furnished. 

15, 8—9: 

If a payment (for the debts of the deceased paterfamilias — A. P.) is due from 
his family estate and there are three wives in the family, then, unless all three take 
pan in the case — it is not allowed ("it is not fitting"). 

15, 9—10: 

A woman who is a stur in a family is not empowered (to conduct the case) with- 
out the guardian when claiming the settlement (of a debt due) to the farrfily, and 
similarly, when (others) claim a settlement from the family. 

15, 10—11: 

[f the guardian and a son (of the deceased head of household are in litigation), 
then, the mistress of the house need not be summoned to court (to act) with the suing 
or respondent party (in a case concerned with) the family estate. 

15, 12—14: 

If the guardian (and) the mistress of the house declare (in court) their agreement 
to settle a debt of the (deceased) head of household and deliver as payment a thing 
belonging to the family, but — upon reaching his majority — a son from this family 
brings a claim against the one (the person) who exacted/took the thing; (then), the 
decision (of the judge) to entertain this claim is good (/. e, it is legal — A. P.). 



57 



'MUD: T1LXT 



15, 14— K.. 1: ■ 

Gyakc nipist ku ka (35) darisn be kari pascmar pat en ku an aparn but paytak 
kunisn ul haknr-as C\G) paytak kanan ne tuvan xvastak pat an dastaparih be 
apisparisn. Ul ka darisn asun (? Ms. 'swn/'dyn') (17) pat dutak be ka evar paytak 
kunet ku an tozisn 6 apayet kartan enya (1) xvastak darisn hac dutak be ne kunisn. 

16, 1—2: 

Ka tozisn I pilar xvahend zan T pat dutak I (2) pit ut an-ic J pat dutak I pus hac 
sardar hammis hamemar kunisn. 

16, 2—5: 

Gyake nipist ku hac (3) pit 6 dutak I pus I patigriftak I zivandakan pit pat ba^t 
savet cryon Pusanveh I Burzatur (4) Farnbayan guft xvastak pat aparmand oh raset ut 
hac dutak I pus tozisn I pit and kunisn (5) cand xvastak (I) pit xves but. 

16 : 5—10: 

Ka cis 6 dutak ke katak-banuk andar xvahend (6) hakar + (Ms.: BYN = andar) 
diitak sardar xvastan ne kamet katak-banuk xvast ne tuvan. Ka katak-banitk (7) 
xvastan kamet dutak sardar andar raSenet en be go (let ku katak-banuk ne karriet (8) 
pat datastan guft dutak sardar yut hac katak-banuk datastan dat pat xvap dastan en (9) 
ta zaman ka raSenisn I datastan ne sar enya ka ra5enisn I datastan sar ta (10) cis 6 
dutak apayet apispartan pat cis patigriftan + katak-banuk-ic andar apayet. 

16, 11: 

Yatakgop" I xvasmk <t) but I sardar ra5 pat dutak gumart xvastukJh ra6 
patiglrisn. 



16. 12—14: 






Zan I dutak stur ka zahra kunet ka-c srahm ut aparik vinas kunet ut Iea(I3)-c 
apatixsayiha apar xvastak palkaret pat datastan apar xvast sardar andar ns apayet. 

lfi. 14—17: 

Vnyayar nipist ku ka hac dutak toiisn be kunisn ut katak-banuk (15) nak-Ira(k) v 
sardar xvastuk bavct xvastuklh I sardar be nvanisn ut datastan raoenltan (IS) ra 
katak-baniik sardar gumarisn ut ka andar raSenisn katak-banuk xvastuk bavfet sard? 
(17) I oh gumarend naklra(k) bavet naklraklh I sardar i pas kar nest. 



TRANSLATION 



15, 14 — 16, 1: 

It is written in one place that when property is removed (through a court deci- 
sion), then the respondent must make a (public) declaration that this was a debt (/. e. 
a loan — .4. P.), And if he is unable to declare this, the thing must be delivered ac- 
cording to this disposition (the decision of the court is evidently intended here — 
A. P.). But if the family property is of meager income (?), then, unless he (=the 
plaintiff — .4. P.) declares explicitly (or, "trustworthiiy") that this payment must be 
made, the possession of the thing cannot be taken from the family. 

16, 1—2: 

If the settlement of a debt of the (deceased) father is demanded, the wife from the 
father's family as well as the wife from the son's family must take part in the case to- 
gether with the guardian. 

16, 2—5: 

It is written in one place that — as has been said by Pusanveh I Burzatur Fam- 
bayan — the estate of a father passes by transmission (with successory rights) [12] to 
the family of an adopted son who died in the father's lifetime [13], and the father's 
debts must be settled by the son's family within the limits of the estate belonging to 
the father. 

16, 5—10: 

If a thing is claimed for ("into") a family having a mistress of the house, and if 
the guardian does not wish to claim (the thing), the mistress of the house cannot 
make a claim. If the mistress of the house wishes to make a claim and the case is con- 
ducted by the guardian of the family (who) declares the following: "the mistress of the 
house does not wish to appear ('speak') at the trial", the arrangements ("giving") of 
the case in which the guardian appears without the mistress of the house are to be 
considered valid (= lawfull) and this (is so) as long as the case has not ended. It is 
otherwise after the case is closed and up to the moment when the thing is to be deli- 
vered to the family: (then), for the receipt of the thing, (a declaration of her willing- 
ness to accept) is required from the mistress of the house as well. 

16, 11: 

An advocate (= a legal representative; a defender) appointed for a family with 
the agreement of the guardian shall be admitted (to take pan in the case) inasmuch as 
(such an) agreement existed ("because of the agreement"). 

16, 12—14: 

If a woman who is the stur of a family commits an act of violence or another of- 
fence and likewise if she shall illegally dispute a thing, Lhen, there is no need of a 
guardian for her being summoned to court (as the respondent — .4. P.). 

16, 14 — 17: 

Vayayar has written that if a debt (of the late head of household) is to be settled 
from the family estate ("out of /from the family") and the mistress of the house denies 
(this) while the guardian admits (it), then, the admission of the guardian must be (set 
down in writing and) scaled and the mistress of the household shall designate 
(another) guardian to conduct the case in court. And if during the trial the mistress of 
the house admits (the debt and the necessity for its settlement) but the guardian ap- 
pointed denies (this), then the denial of the second guardian is valueless. 



59 



MUD: TEXT 



17,1*: 

... Alurfarnbay mm pas hac an pal an dat 6 AturfarnbaY raset (rasct) . 

17,1—4: 

Ka gopet (2) ku xvastak I 6 man rasct 6 to dat an I-s andar an e xves but 4 ka apac 
raset (3) ne dat bavel ut ka-s andar an e ne be-s pes hac an past xves but ut pas hac an 
(4) past raset dat bavel. 

17, 4—5: 

Ka gopet ku pas hac 1 sal xvastak I man xves (5) to xves an dat bavet I pas (hac) 
an 1 sal xves. 

17, 5—9: 

Ka Farraxv 6 Mihren gopet ku (6) (ku) xvastak I o (Farraxv) xvesih I man raset 
to xves pas kas 6 Farraxv xvastak (7) dahet ut Mihren andar ne apayet gopet an 
xvastak pat Farraxv be ne estet ce Mihren (8) pat dat I bun patiglrisn paytakenll ne 
oyon bavet ciyon ka 6 apurnayak xvastak (9) dahend ut pit gopet ku-m andar ne 
apayet. 

; : 17,9—16: 

' Ut ka soy xvastak I raset be (10) dahet pas zan I xves pat vindisn patixsay kunet 
ut ka-c-is xvastak dahend gopet (1 1) ku-m ne apayet. But ke eton guft ku zan pat 
vindisn patixsay ne patixsay (12) kartan be xvastak I-s dahend patixsay ka patigiret nt 
ka ne patigiret hac bun be (13) ne ayet. Vahram guft ku zan pat vindisn patixsay kar- 
tan (ut) ce vindisn pat zan (14) be estet 6 soy ne raset Met6(k)mah-ic en vacak pat 
uskarisn guft (15) ut but ke guft ku ka-s zan pat vindisn patixsay kart a-s patiglrisn 
paytakenlt (16) bavet. 

17, 16—18,1: 

Ka gopet ku aslm I 6 xvesih I man mat ut zarr I 6 xvesih I (17) man raset cand 
arz 200 vahak arzet to xves hep bavet ut zarr ne raset (1) asim 70 be dahisn. 



* This is the end of an article whose hrst part was to be found on one of the missing fo- 
lios. 



60 



TRANSLATION 



17, 1*: 

"... passed lo Aturfarnbay", then, according to this transfer (the tiling) shall pass 
thereafter lo Aturfarnba7. 

17, 1 — V. 

If he declares: "the tiling which will come to me is given to you", (then) if a 
tiling which belonged to him at that time (at the moment when the agreement was 
made) is returned to him it is not considered to be transferred (by this declaration of 
transfer — .4. P.). But if it did not (belong to him) at that time, but belonged to him 
before (the time of the agreement) and returned to him once more after (the conclu- 
sion of the agreement), (then it) is to be considered as transferred. 

17, A — 5: 

If he declares: "the property ('thing') belonging to me shall belong to you in a 
year's time", (then according to this declaration): (all) these (things) which make up 
the property belonging (to the giver) after the passage of one year (following the dec- 
laration) are considered as having been conveyed. 

17, 5—9: 

If Farraxv declares to Mihren: "a thing which will come into my personal pos- 
session belongs to you", and subsequently someone conveys a thing to Farraxv but 
Mihren declares: "(it is) not needed", then, this thing will not belong to Farraxv 
(either), inasmuch as Mihren declared his acceptance of the original transfer, this is 
not the same case as (the one) where a thing is conveyed to a minor but the father de- 
clares: "I do not need (it)". s„ 

17, 9—16: 

If a husband conveys a tiling to be received by him and subsequently 
makes /declares his wife empowered with regard to income (=endows her with an in- 
come — A. P.), and likewise if (the wife) declares: "I do not need it", at the time 
when the thing is conveyed; some have said as follows: a wife cannot be empowered 
with regard to income (= cannot be entitled to dispose of an income; canndt. be en- 
dowed with an income — A. P.), but she is entitled to receive a thing conveyed to her; 
if, however, (she) does not accept (it), then (this thing) does not leave the conveyor 
(the "original" possessor/disposer). Vahram has said that a wife can be made/de- 
clared empowered with regard to income, and — inasmuch as the income will (then) 
belong to the wife — - it does not go to the husband. But Me5o(k)mah has said that 
this question should be investigated. And the opinion has likewise been emitted that 
when he endows his wife with an income her acceptance (of the transfer) must be de- 
clared. 

17, 16—18, 1: 

If he declares: "from the silver which will come to me and from the gold which 
will pass into my property let a definite amount valued at 2U0 (drahms) be yours!", 
but he received no gold, then, he must convey 70 {drohms) of silver. 



Gl 



h U ID: TEXT 



1H. 1— 6: 

Ul ka go[4ct ku asim i 6 xvcsih i man mat ul asim i 6 (2) xvcslh i man raset cand 
arz 200 vahak arzct to xvcs ul pas hac an asim nc rasct (3) a5ak-ic 200 hac astm I 
avi-s mat pal namcist paytak kunisn ut be apisparisn ut ka evak (4) zarr ul evak asini 
gofScl yultar nc bavel ci7on ka g6J3cl ku zarr ul asim I 6 (5) xvesih I man mal cand arz 
200 vahak arzet 16 xvcs ul nem zarr ul ncm asim (6) dahisn. 

j 8, o — 7: 

Ka gopcl ku-m en dastkarl 6 16 dat an daslkart ul harv ce (7) pat an daslkarl dast 
eslcl dat bavet. 

18,7—8 = 18,6—7 

18, 9—10: 

Ut ka go pet ku-m en dastkarl ul harv ce pat en deslkart dast estet 6 to (10) dat 
stor-ic ansahrlk-e(v) ke kar an gyak kunet dat bavet. 

18, 10—13: 

Ka go(5et (11) ku-m en dastkarl hac + harv ce-s andar hammis 5 to (dat) viclr-ic 
ev I andar an daslkart (12) estet ut xvastak-ic ev I pat ani gyak pat viclr sayet dastan 
ut kahas-e(v) I hac en gyak (13) raSenlt estet ut kar pat aparik gyak kunet dat bavet. 

18, 13—17: 

Ka gofiet ku-m (14) en dastkarl hac harv ce-s andar hammis 6 to ul an dastkarl 6 
to dat en dast(15)kart 6 6)- ut an dastkarl 5 6)' dat bavet \icir I andar en dastkarl kart 
estet u-s (16) xvasiak I pat an dastkarl pat-is sayet dastan ut kahas I hac gyak raSenit 
estet (17) ut kar pat an gyak kunet nem 6 6y ul nem 6 6y dat bavet. 

18,17—19,2: 

Ka gofJet (1) ku-m en katak 6 to dat a5ak-is saray ut stun ut rocpanak ut dax (I) 
ut kardar ut hamaper ut (2) cah I pat hamaper dat bavet. 



62 



TRANSHTION 



18, 1— -6: 

And if he declares: "(from) the silver which passed into my property and (from) 
the silver which will pass into my property, a definite amount valued at 200 (drahms) 
belongs to you", and subsequently, the silver (which was to pass to him) does not 
come to him; then in such as case, (a sum equal to) 200 (drahms) from the silver 
which came to him must be accurately declared and conveyed. But if in one case he 
mentions gold and in the other silver (/. e. if he speaks of the gold as already belong- 
ing to him but of the silver as still expected), then, this is equivalent to his declaring: 
"(from) the gold and. silver which have come into my property a sum valued at 200 
(drahms) belongs to you" — (in that case), he must convey half in gold and half in 
silver. 

18, 6—7: 

If he declares: "I have conveyed this dastkart to you', then (as a result of this 
declaration — A. P.), this dastkart and all the possessions in that dastkart are trans- 
ferred. 

IS, 7—8 = 18, 6—7 

18, 9—10: 

If he declares: "I conveyed to you this dastkart and everything in this dastkart", 
then the draught animals and the slaves [14] working on it are likewise transferred 
(thereby). 

18, 10—13: 

If he declares; "I conveyed to you this dastkart together with everything it con- 
tains", then, the document(= title) concerning this dastkart as well as property 
(located) in another place — (but of which) according to that document — he is the 
rightfull possessor, and the canal dug from this place but irrigating other plots 
("serving in another place"), are also transferred (as a result of this declaration of 
transfer —A. P.). 

18, 13—17: 



If he declares: "I conveyed this dastkart together with everything in it to you, and 
that dastkart — to you", then, this dastkart is conveyed to one person ("to him") 
while that dastkart (is condeyed) to another ("to him"). (However the title) documents 
regarding this dastkart — but according to which he possess property located in an- 
other dastkart — and the canal dug from this place — but irrigating a plot in the 
other ("serving in that place") — are transferred half to one and half to the other. 

18, 17—19, 2: 

If he declares: "I have conveyed this house to you", then: the hall, and the porch 
("the columns"), and the window, and the gates, and the platform (?) and the utilita- 
rian building, and the well in the building arc (thereby) conveyed by him. 



03 



H4HD: TEXT 



19,2—3: 



Ka gofict ku-m en xanak pat manisin (3) daslan o to dat yavclanik pal xvcsih dat 
bavet. 

19,3—7: 

Ka gdpel (4) ku-ni xanak-e(v) 6 to dat hac Pusanveh I Azatmartan be guft k~u 
^ka)-s ast I (5) bun dat bavet ka gofiet ku-m zamlk 6 to dat a5ak-is evkartaklha dat (6) 
bavet. Evkartaklha oyon bavet ka-s zamlk I hambarakan zamlk I kasan lit yoy ke (7) 
ap 6 xan ut xvastak baret ut katak ul kardar' (cf. 19, 1; Ms.: srd'l = sardar) ut rah <ul> 
andarg nest 

19, 7—10: 

Ka (S) xvastak 6 apurnayak ke sardar ut zan ke soy hast dahend ut soy ut sardar 
gopend (9) ku-man andar ne apayet a5ak-ic an I 6 apurnayak dahend apurnayak ka 6 
purnaylh. (10) mat ut an I 6 zan dahend zan xves. 

19, 10—12: 

Gyake nipist ku ka 6 apurnayak (1 1) xvastak dahend ut pit andar ne apayet gofiet 
pas (apurnayak andar) apurnayTh ut pit-ic pat baxt savend (12) an xvastak 6 diitak I 
pit raset. 

19, 12—16: 

Ut apak ani gyalce nipist ku ka mart apak (13) zan ke hac soy sturih ut sardarfh 
nest kart ku en xvastak frazand I nazdist (14) hac to zayet xves ut pas hac an zan 
frazand zayet ut andar apumayih pat baxt savet (15) (ut) an xvastak apac 6 6y raset 
ke + be dat ut apak-ic ani Martak nipist ku be" (16) an I pat nirmat estet pat en daiisn 
Idi apurnayak: andar apayet. 

19, 16—20, 1: 

An-ic guft estet ku (17) Vehak xvastak 6 Farraxv dahet ut Farraxv patigirisn ne 
paytakenet ut miret patigirisn (1) pat panakenil darisn ut Farraxv pat an xvastak stur 
gumarisn nikerltan. 



G4 



TRANSLATION 



19,2—3: 

If he declares: "I conveyed this house to you for you to live (in it)", then, (this 
house) is conveyed (to him) forever as personal property (= as his personal share with 
the right of transmission to his successors — .4. P.). 

19, 3—7: 

If he declares: "I conveyed a house to you", then (according to such a transfer 
formula — A. P.), only a part of the plot (= property, possession; lit. "capital; basis; 
principal") has been conveyed — as was confirmed on the basis of a citation from 
Pusanveh I Azatmartan. If he declares: "I conveyed the land (= the plot) to you", then 
(it) is conveyed to him as a whole ("united", "as one"). And (a transfer) as a whole 
unit ("as one") takes place when he has a plot ("land") joined to the plots of other 
persons, and there is in it neither a canal bringing water to the house and the plot nor 
a house, nor a platform (?. cf. 19, 1), nor a road. 

19,7—10: 

If a thing is conveyed to a minor having a guardian and to a woman having a 
husband, and (if) the husband and the guardian declare: "we do not need (it)", then, 
that (which is conveyed to the minor (mil belong to him) when he comes of age. arid 
that which is conveyed to the wife will become her property. 

19, 10—12: 

It is written in one place that if a thing is given (as a gift) to a minor, but his fa- 
ther declares that it is: "not needed", and (the minor) then dies without reaching his 
majority and (his) father (also) dies, then this thing shall go to the father's family. 

19, 12—16: 

And in addition it is written in one place that if a man concludes (the following 
agreement) with a woman who is not under her husband's guardianship and is r!ot his 
slur: "this thing shall belong to the first child born to you" and (if) the woman subse- 
quently bears a child and (this child) dies without reaching his majority, then, this 
thing returns to the man who conveyed it. And in addition, Martak has also written 
the following: "except for what is needed ("usefull") for the maintenance expenses re- 
quired for a minor". 

19, 16—20, 1: 

The following is also said: Vchak conveys a thing to Farraxv, but Farraxv does 
not declare (his) acceptance (of the transfer), (and Vchak — A. P.) dies. The accep- 
tance (of the transfer) is to be considered as having occurred ("been declared") and 
Farraxv is to be appointed (Vehak's — A. P.) slur on the basis of this thing (conveyed 
to him). To be examined carefully. 



65 



A HID: Tll\T 



20. 2—6: 

Ka mart Nvasiak i-s nisei apurnayak" marl-c(v) xves but ni5 go[icl (3) xvastak 1 
andar apurnavih" 1 I an apurnayak rasel pil xves ut apak an I nipisi ku (4) pal dal I bun 
paiigirisn paytnkcnil ut cn-ic nikcritan ku-s rah pal xvesih pal gyak (5) dat bavel nc 
oyon bavet ku-s xvastak pas hac 10 sal 6 apurnayak dal bul + (6) estel + . 

20, 6—7: 

Ka gofJci kii-ni xvastak I vilan man 6 dulak I man raset o to dat (7) an I hac 
katak xvalay apar zan ut Frazand mand ne. dal bavet. 

20,7—10: 

Vahram gufi ku (S) ka pit (xvastak I-s) mat ut rasel be 6 zan ut frazand (I) xves 
dahet ut pas ansahrlk azat kunet (9) Syavaxs guft ku ansahrik hac sahan sah bandaklh 
apac apiurt (10) ne sayet man-ic hamgonak gopom be Rat-Ohrmizd yut-datastanlh- 
e(v) andar oh kart. 

20, 11 — 13; 

Syavaxs guft ku ka mart-e(v) apak Farraxv patman kunet ku-m en xvastak (12) 
(pas) hac 10 sal 6 to dat Farraxv andar 10 sal be mlret an xvastak 6 zan ut frazand 
(13) ut dutak I Farraxv ne raset. 

20, 13—16: 

Ka pit pat" apurnayak ayap soy pat zan ■Weir Svist (14) ku xvastak I 6 xvesih I 
man raset to xves (ul) pas hac an am kas 6 an zan (15) (ut) apurnayak xvastak dat an 
I o zan dahet pat zan ul an I 6 apurnayak dahet (16) pat apurnayak be estet. 

20, 16—21,3: 

Ka Farraxv sal evak apar Mihren kart ku xvastak I (17) man xVes ut ec-ic o 
xvesih I man rasel to xves ut sal 5 andar Keren (?) kart ku (1) xvastak I man xves ut 
et ce 6 xvesih T man raset to xves xvastak I Farraxv (Ms.: Mihren) pas (2) hac past I 
andar Mihren 6 Mihren (Ms.: Farraxv) an I andar 5 sal frac bavet pal rah I rasit (3) 
Keren(?) xves. 



GG 



TRANSLATION 



20, 2—6; 

If a person declares that a thing which is to come to him (= bona ach-enticia — 
.-I. P.) belongs (through this declaration) to a minor, then — if the thing comes to him 
(= the giver) before the minor reaches his majority — it shall belong to the (his) fa- 
ther. And it is also written that the acceptance of the transfer must be declared and 
care must also be taken that the real rights be opened ("granted, given"") to him at 
once, so that (the following should not occur): that the thing be conveyed to the minor 
(only) after a lapse of 10 years. 

20. 6—7: 

If he declares: "I have conveyed to you the estate ("thing") which will pass to my 
family after my death" [15], then (the estate) left by the head of household to his wife 
and children is not included in the transfer ("is not conveyed"). 

20, 7—10: 

Vahram has said that if a father transmits to his wife and children (the estate 
which) he will receive and he subsequently frees a slave (from servitude), then, ac- 
cording to the opinion of Syavaxs, the (former) slave cannot ("may not") be brought 
back from his (acquired status of) a "subject of the King of Kings", and I express the 
same opinion, but Rat-Ohrmizd has rendered a different judgement on this ques- 
tion [16], 

20, 11—13: 

Syavaxs has said that if a man concludes (the following) agreement with Far- 
raxv: "I convey this thing to yon after the passage of ten years", but Farraxv dies 
during these ten years, (then), the thing does not pass to Farraxv's wife, children and 
family. 

20, 13—16: 

If a father has drawn up ("sealed") the following contract as regards his minor 
(son) or a man — as regards his wife: Li a thing which will pass into my personal pos- 
session ("property") shall belong to you" and subsequently the thing is conveyed by 
another person to the woman and the minor, then, that which he conveys to the 
woman shall belong to the woman, and that which he conveys to the minor — to the 
minor [17], 

20, 16—21, 3: 

If in year one Farraxv makes as regards Mihrcn (the following declaration): "the 
estate which belongs to me and that which will pass into my personal posses- 
sion/property belongs to you", and in year five he concludes (this agreement) with 
Keren (?): "the estate which belongs to mc and that which will pass into my personal 
possession/property belongs to you", then the estate of Farraxv (Mihren in the ms.) 
(will belong) to Mihrcn (Farraxv in the ms.) after the conclusion of the agreement 
with Mihrcn, and that which after five years will be [bund to have passed (to Far- 
raxv) — since it consists of bona adventicia — shall belong to Keren (V). 



07 



MI ID: TEXT 



\Numbcricss\ * 

21, 4 — 5: 

Dar I aydyenloyuyan. Yd he pascaata (5) 'ywk' ps'cyt' *, 

21, 5—8: 

Nipist ku mart zan -ut frazand be duxt 1 anl kas nest (6) ut an T duxt soy an duxt 
hie zanih be hilet (ut) pat sardarlh apac 6 pit ne (7) dahet aoak-is sturih I pit pat 
xvahisn ut ka-s pat sardarlh apac patiglrct (8) aoak-is apar oh manet (ut) xvahisn pat 
kar (ne) apayet. 

21, 8—10: 

Sosyans guft ku (9) duxt I ba7aspan + ka-s be hilet ka-c-is vitart pit be hilet a5ak- 
ic-is (10) ayoyin apar ohbavet. 

21, 10—15: 

Nipist ku ka frazand I pas zar (Ms.: zayet) duxt [zivandakan pit soy] (11) kunet 
hac zanih hist + apac savet vitart stur I kart(ak) an sturih apar an duxt (12) oh manet 
ut ka-s datastan oyon (I) pitar (i) stur andar apayet pat an I pit oh gumarisn ut hast 
(13) ke eton gofiet ku ka-c-is andar an e ka stur I kartak pat baxt sut + (Ms.: 'ZLWNyt) 
soy kart ut (14) ne hist estet a5ak-ic yd he pascaela (Ms.: ywk hy pscyt'). Vahram 
guft ku ka-s andar an e (15) soy kart eton apayet dastan ciyon ka ne zlvandak he. 

21, 15—22, 1: 

Duxt I pas (16) zat ke sturih apar manet hac cryon xves ka stur aparmand I (173 
[pita]r ne bavet andar-ic aparmand I pat sturih aparmand I pat xvesih but ne (1) sayel. 

22, 1—2: 

Pat guft I dastafiaran et nipist ku yo he pascaeta ka zivandak pit soy (2) kunet 
xvap. 



This chapter carries no ordinal-numb ex. 



68 



TR-iNSL-lTIOlV 



[ShtmbcHcss] * 

21.4—5: 

Chapter concerning auxiliary succession — the epiklerate [IS]. 

21,5—3: 

(The following) has been written: if a man has no one — no wife, no children — 
except for one daughter, and the man who is the husband of that daughter divorces 
her (but) does not return her to (her) father's guardianship: then, she can become her 
In l her' stiir (= be charged with her father's succession, become epikleros) (only) upon 
request. But if (her father) lakes her back under his guardianship, then she will in- 
herit (the status of her father's epikleros) and the request is not necessary. 

21, 8—10: 

Sbsans has said that: if a daughter (having entered into a bayaspan (marriage) is 
divorced, she shall become her father's epikleros even if she is divorced after her fa- 
ther's death. 

21. 10—15: : 

It is written that (if) the child born afterwards (= after the father has instituted a 
stur for himself — .4. P.) is a daughter, and she [marries during her father's lifetime], 
and returns (to her father's house) upon the dissolution of her marriage; then — after 
the death of the stur instituted (by her father) — this daughter will inherit the 
sturship (= she will have to take up her father's epiklerate through natural calling 
without the formal procedure of request and appointment — A. P.). But if a judicial 
decision (has been rendered) that: "(the late) father requires a stiir'\ then, she shall be 
appointed her father's stiir [19]. Some say that: even if she has married and does not 
divorce at the death of the instituted stiir, in that case also, she shall become her 
father's stur (= epikleros). Vahram has said that if she entered into a marriage at that 
time (/. e. after the death of the instituted stur — .-I. P.), then this (case), is to be 
equated with (the standard case of an epikleros-daughlcr's marriage) after the death 
(of her father) [20J. 



21, 15—22, 1: 

A daughter born after (her father instituted a stur for himself) [cf. supra, 21 . 
10 — 15) (and) who will inherit his .mJrship — inasmuch as. being his stur, she is not 
her father's personal successor (= an heir receiving her father's estate as a personal 
share — A. P.) — then, within the limits of her father's succession on the basis of the 
sturship, she is not entitled (at the same time) to be her father's personal heir. 

22, 1—2; 

The following is written from the words of the commentators on ihc Avesta: if an 
t7?/A7erav-daughlcr enters into a (patixsayili) marriage during her father's lifetime, 
then this is lawful ("good"). 



MI ID: TtiXT 



22. 2: 

(...) sul u-s :m slunh p;il !m daslajianli avi-s ne rasct *. 

22,2—3: 

Ut cn-ic 67611 nipist ku (l) yo he pascaeta ka duxl aparmand i pit nc bavel ul ka 
pus a-s oh bavcl. 

22, 3 — 6: 

Ka-s (4) brat 2 ul xvah 1 an gyak ul an xvah apak brat ] hambay u-s brat I dit 
apar sardar (I) (5) ul brat 2 harv pat cv yavar pat baxt be savend pat castak J Aparak 
sardar pat an I Me|6(k)mah (6) hambaylh gopend ku ka-s hast a-s apar oh manet. 

22, 6—8: 

Ka mat andar dulak xvah sturih (7) I brat apar ne manct u-s cim en ku (ku) xvah 
pat zanlh mat be patixsay (8) dat pal an cim sardarih I andar brat ne bavandak. 

22, 9—12: 

Duxt I pit pat sardarih 6 man I sahr dat (10) estet ayoyen 1 pit m brat kem apar 
ne manet ka-s ayoyen 1 pit apar manet sardar (11) an (I) mat ut ka-s an I brat apar 
manet sardar hac nabanazdistan* I bratbavet. Ka pat sardarih (12) (I) brat be dat estet 
a,5ak-ic-is ayoyen apar oh manet ut sardar hac xvesavandan I brat (I) bavet. 

22 r 13 — 14: 

Ka brat 2 ut xvah 1 an gyak baxtlklh kunend ut brat I kas ut xvah akanen bahr 
glrend (14) xvah-sardarih-ic be 6 brat 1 kas raset. 

22. 14—23. 1: 

Apak-ic an pas-ic ka brat 1 mas pes (15) mirei et ra5 ce xvah sardarih hac brat ne 
pat dat I brat be ne patkarftan (I)J (16) ka bazisn* (? Ms. w/nbesn) kart brat apar 
sardarih 1 xvah ra5 u-s ap(p)ar but estet [xvah ayoyen I] (17) brat I mas ut ka naxvist 
brat 1 kas mirei ka-c harv 2 pat ev~ [tak mlrend a8ak-ic] (1) xvah ayoyen J brat«I kas. 



The beginning uflhis article has been omitted by die copyist. 



70 



TR-INSHTION 



22, 2: 

(...) died (7) then this .yrwrship will not pass to her through this empowering 
(= title)*. 

22.2—3: 

And it is also written in this manner: if the i-rwrship (for the deceased passes) to a 
daughter, then she docs not become her father's personal heir, but if — to a son. then 
he becomes (a successor and an heir). 

22, 3^5: 

If in one family ('"place") there are two brothers and a sister, and the sister is in 
co-partnership with one of the brothers (= they hold undivided shares in their father's 
estate — A. P.), while the other is her guardian, and (if) both brothers die simultane- 
ously, then, according to the Castak (= "Commentary"') of Aparak, she must become 
(the epikleros of the brother who was her) guardian, but according to (the Castak) of 
Me5o(k)mah. in a case (because of the existence) of partnership (= the joint share in 
the estate), she inherits (the epikterate of the brother who is her co-heir). 

22 ? 6—8: * 

If in a family there is a mother, then the .sTtf/'ship for a brother does not go to the 
sister. The reason for this is that the mother is entitled to give the daughter m mar- 
riage, and as the result of this circumstance, the guardianship of the brother over the 
sister is insufficient (for her calling to assume his jTurship — A. P.). 

22, 9—12: 

A daughter given by her father into the guardianship of a fellow-citizen never- 
theless inherits the epiklerate for her father or her brother. If she receives the epik- 
lerate for her father, her guardian must become the same as the guardian of (her) 
mother, but if she inherits the epiklerate for her brother, then one of (her) brother's 
nearest agnates becomes her guardian. But if she was put under the guardianship of 
(her) brother, then, in this case, also, she will receive the status of epikleros and one 
of the relatives (= agnates) of the brother will become her guardian. 

22, 13—14: 

If in a family ("in that place") there are two brothers and a sister, and they divide 
(the inheritance) and the younger brother and the sister jointly receive ("take") a 
(common) share; then the guardianship over the sister goes to the younger brother. 

22, 14—23, 1: 

And in addition — the following: if subsequently the older brother dies before 
(the younger), a suit regarding the transmission (to the sister of the sturship) for her 
brother should not be initiated inasmuch as (that) brother did not exercise the func- 
tions of a guardian over the sister. If a division (?) took place because of (or, "for the 
sake of) the brother's guardianship over the sister, and he was removed (from the 
guardianship), then [the sister becomes the epikleros] of the older brother. But if the 
younger brother dies first, and even when both (brothers) die simultaneously, the sis- 
ter must become the epikleros of the younger brother. {Vide supra, 22, 13 — 14). 



MI1D: TfLXT 



23, ] — 1; 

Vayayar nipisl ku ka duxl [pai| d;jsla|i;irili i pil (2) andar kas kunct ku La 10 sal 
zan I lo ham ul pit pes line 1CJ sDS mirct pit la (3) 10 sal stur gumarisn ut ka 10 sal u/.'si 
duxl zanih I kas nest ul ayoyen i Mj pil, 

23,4—10: 

U-s cn-ic oyon nipist ku xvah ayoyen I brat andar hambaylh (f a5ak) apar manci. 
(5) Ka bral pal baxt savct u-s zan ul frazand (ul) be xvah a5ak-is ayoyen I brat apar 
ne (6) mancl ul ka baxtlklh kart an i 6y bral apar manet kc-s bahr pal hambayih (7) 
apak staf ayap-is pal aparmand l ~\) dastafiarlh apar sardar but ka baxllkrh (8) kart ut 
brat-e(v) ke bahr pat hambaylh apak stal + brat-e(v) ke-s pat aparmand dastaparih (9) 
apar sardar but frac raft aycr/en I 6y brat apar manet ke-s apar sardar (10) but ul ka-s 
apak brat 2 pat hambaylh bahr stat estet hac pes pa)lak. 

23, 10—11: 

Ka brat (1 1) 2 ul xvah 1 an eyak xvah sardarih pat brat I mas. 

23, 11—13: 

Ut but ke guft ku ka xvastak (12) nest a5ak-ic hambay oh bavet ut ka hast a5ak- 
ic pat rah I ham\indisnlh apac gumastet. (13) Apak-ic et ku ayoyen xvastak xvast ne 
amar. 

23 r 13—17: 

Pas-ic oybn ciyon pit ke pus hast (14) ayoyen apar duxl ne manet brat-ic ka bral 
I hambay hast ayoyen apar xvah ne manet. (15) Be-san oyon dast ku hambay I denlk" 
(?) 6 kartak ne kan estei hamety) sardarih (16) kar ut ka brat I mas miret aSak-is 
ayoyen apar oh manei ut ka an I kas miret a-s (17) ne manet. 

* 
23, 17—24.2: 



Ka pit duxt 1 ut dutak I pus 1 ut pat an dutak xvastak SO hast ut duxt (1) sardarih 
pat pit ka pit frac ravel ayoyen I brat ce vilart pit apak dutak (2) I pus hambay. 



72 



TFLANSLATfON 



23, 1 — 1: 

Vaynynr has wrtiltcn Lliat if a daughter — empowered by her Father — concludes 
(the following agreement) with someone: "I shall be your wife for ten years", and (if) 
the father dies before the ten years are up. (then) a slur must be appointed for the fa- 
ther untill the (end of the) ten years limit. At the end of the ten years, however, she 
ceases to be that man's wife and becomes her father's epikleros. 

23,4—10: 

And he has also written this: the sister becomes the epikleros of the brother who 
is her co-partner (= co-heir). If the brother dies and he (also) has a wife and a child in 
addition to the sister, then she (= the sister) does not become her brother's epikleros. 
And if a division (of the estate) took place, then she will become the epikleros of the 
brother with whom she received a joint share, or of (that brother) who has become her 
guardian according to the (testamentary) disposition ("empowering"). If a division 
took place and (both) — the brother with whom she received a joint share as co- 
partner and the brother who was her guardian according to the (testamentary) dispo- 
sition of the inheritance — have died, then she becomes the epikleros of the brother 
who was her guardian; and if she received a joint share as co-partner with both broth- 
ers, then (the decision) is obvious from (what has been stated) above. 

23, 10 — 11: ,' 

If in a family ("in that place") there are two brothers and a sister, then the 
guardianship goes to the older brother. 

23, 11—13: 

Some (authorities) have said that even when there is no estate, (an epikleros- 
sister) is a co-partner (with her late brother). .And if there is (an estate), then, in that 
case also, (a certain share of its revenue) — on the basis of the joint share in the reve- 
nue — is deducted. And the following has been said in addition: a claim on the estate 
made by the epikleros is not to be taken into consideration. 

23, 13—17: 

And furthermore (the following): just as when the father has a son, a daughter 
does not become (her father's) epikleros, so when a brother has a co-partner brother, a 
sister does not become (her brother's) epikleros. But such cases (lit., ''they") must be 
considered (as follows): (if) the co-heir — so instituted by religious law ('? "the living 
heir" is not a likely reading, cf. also 24, 2 — 3 — A. P.) — does not go through the 
formal procedure (Tor the confirmation of the guardianship — .4. P.), his assumption 
of the functions of guardian is valid. And if ihc older brother dies, she (= the sister) 
becomes his epikleros, but she docs not become {epikleros) if the younger one dies. 



23, 17—24, 2; 

If (a family consists of) the father, a daughter, and the family of a (deceased) son, 
and this family has an estate of 80 (drahms/.vo/cVs?), and the daughter is under her 
father's guardianship, then in the case of the father's death, the daughter will become 
her brother's epikleros since, alter the death of the father, she becomes a co-heir with 
the son's (= her late brother's) family. 



MUD: TFXT 



24, 2—3: 

Manuscihr guTt ku hnmtofr/ 1 dcnik (?) 6 kartak nc kan cvac pal (3J raScnisn i 
slur. 

24,3—4: 

Bui ke gufl ku duxl I andar xanak i pitaran zat cstat (4J ka-s mat andar 
zivandakanlh I pit I mat soy >;art ayo7cn I piL I mat apar nc manct. 

24, 4—7: 

Mahvindat + (5) gufi ku duxl I pal an ayoycn ka-s mal andar zivandakanlh I pit I 
mat soy ayap markarian ayap (6) poratacaeta kart a-s nem bahrak I mat apar ne 
manei enya (7) ka pat ayoyen andar apayet a-s aycryen apar oh manel. 

24,7—10: 

Ka duxl apedaslafiar T (S) pit (I) gaiar kunei hakar gatar ne hac an I" hameyik 
kunei a5ak-is sardarih ut aparmand (9) I pilar yuttar be ne bavet ut ka gatar hac an T 
hameyik kunei a-s aparmand I pilar (ID) avi-s ne raset ut pit-ic kar vindisn I duxl hac- 
is ap(p)ar be bavet. 

XXVI 

24, 11; 

Darl sardarlh*. 

24. 12—13: 

Ka xvastak ruvan raO pavtak kunet ut pat dastan 6 kas ne dahel hac frazand I 6y 
(13) evak I saiaktar darisn ce eton bavet cryon sardarlh I ataxs. t 

24.13—16: 

Ka xvastak (14) ruvan ra5 paytak kunet ut pal dastan 6 man-e(v) dahel (ku) uzit 
fan mart] ke-s an (15) xvastak avi-s dat" an xvastak pal patvand i 6y mart be ravet ke~ 
s avi-s drii (16) esiei harocv cvak i saifikiar darisn. 



" The (abjatl) ordinal-number 26 is pi used tibove liic hcuding of this chapter. 



TRANSLATION 



24.2—3: 

Manuscihr has said that one who is co-partner /co-heir by religious law (?) need 
not go through the formal procedure, (he must undergo it) only to assume the func- 
tions of astur. 

24, 3 — k 

Some (authorities) have said that a daughter born to her father's house does not 
inherit the epikierate of her mo tiler's father if the mother marries during her (= the 
mother's) father's lifetime. 

24. 4—7: 

Mahvindat has said that a daughter (= granddaughter — .4. P.) (is called) to the 
epikierate (for her maternal — grandfather — A. P.) (in such cases): if (her) mother 
entered into a marriage (with full rights) during her (the mother's) father's lifetime, or 
if she (= the mother) committed a capital crime, or (an offence punishable) by exile 
(from the community). Then she does not inherit her mother's "half-share" 1 (/. e. her 
daughter's share of the inheritance — .4. P.) except for the benefit of the epikierate 
("when it is indispensable for the epikierate"), and in such a case she receives (it) 
through transmission, as the epikieros (/'. e. asa stur possession and as the epikleros 
for her maternal grandfather — .4. P.). 

24, 7—10: 

If a daughter enters into a sexual relationship without her father's sanction, 
then — if it is not a case of adultery as a habitual offence — this will not result in an 
alteration of her status as ward and as successor to (her) father. But if (it is a case) of 
adultery continually committed by her, then she will not receive the inheritance and 
the succession of her father, and her father shall likewise lose his right over the 
daughter's income (= revenue). 

XXVI 

24,11: 

« 
Chapter * concerning guardianship. 

24, 12—13: 

If he declares (the transfer) of a thing "for the soul" and yet does not convey it to 
the possession (= the trusteeship — ,4. P.) of anyone, then one of his children must 
possess ("hold") this thing, and specifically the one most suited (to do so); for this 
case is analogous to the (case) regarding the trusteeship over a Fire-temple. 

24, 13—16: 

If he declares (the transfer) of a thing 'Tor the soul") and conveys it to the pos- 
session ("holding" = trust) of someone, then — after the death of the man to whom he 
gave the thing — this thing shall pass to the kinsmen of the man who gave it, and let 
one of them (/'. e. of the kinsmen of the man who endowed the foundation "for the 
soul" — A. P.) possess it, (namely the one who is) most suited (to assume the charge). 



75 



Ml ID: TEXT 



24, 36—17; 

Gyake nipisl ku ka go[5cl ku-nV en xvfisiak (17) ruvan rao prtytak kart zan ui 
frazand I 6y mart pal aka ncn darisn. 

24, 17—25, 1: 

Ka xvaslak ruvan I xves (1) anl-c kas rao paytak kunet aoak-ic an xviistak pal 
patvand f 6y mart ravel (2) kc pat an aSvcnak dastan ra5 paytak kunet. 

25, 2—5: 

Gyake oyon nipist ku ka Farraxv (3) xvastak (an!) pat ruvan I xves ut (an) I 
Mihren dastan ra5 paytak kunet ut kas dastan (4) ra5 framan ne bavel an xvastak pat 
an aBvenak I paytak kart xvaslakdaran I (5) Farraxv (ut) xvaslakdaran (I) Mihren pat 
akanen darisn. 

25, 5—8: 

Gyake nipisl ku ka xvastak (6) ruvan rao pa>iak kunet ut pat dastan 6 zan ev 
dahet ut an zan soy kunet an xvastak (7) pat an aBvenak I 6 an zan mat be 6 an mart 
raset ut pat patvand I an mart be (8) ravel. 

25,8—11: 

Ut apak aiu gyake nipisl ku ka ataxs pat sardarih 6 duxt i xves (9) dahet ut duxt 
soy kunet 6 soy baret ut ka-s soy hac zanlh be hilet (10) ayap be miret en ku sardarih 
an65 be manet ayap apac o bun savet saxvan (1 1) ut patkar pat-is nikerltan. 

25. 11—13: 

Ka gopiet ku en dutak pat sardarih to dar ut dutak sardarih (12) be 6 pes dahet ut 
dutak sardar I ditlkar be miret sardarih f dutak apac 6 bun (13) savet. 






«?* 



25, 13—15: 

Ka copst ku-m en dutak pat sardarih (I) 6 to dat ayap gopet ku-m (14) en dutak 
sardar kart heh ut dutak sardar dutak sardarih be 6 pes dahet dutak sardar I (1.5) 
dilikar be miret sardarih i dutak apac o 6y I fratom raset. 



76 



TH'INSLATION 



24, 16—17: 

It is written in one place that if he declares: "I have declared this thing 
(conveyed) 'for the soul"', then the wife and children of this man must possess 
("hold, keep") it jointly, 

24, 17—25, 1: 

If he declares (the transfer) of a thing (as the endowment of a foundation) for his 
soul, as well as for the soul of another person, then this thing must pass to the kins- 
men of the one who made the declaration concerning the nature of (the) possession of 
this tiling. 

25, 2—5: 

It is written in one place as follows: if Farraxv declares the transfer of the pos- 
session of a thing (as an endowment) for his soul and the soul of Mihren without 
making (any) disposition as to the person who is to possess (this thing), then the heirs 
of Farraxv and the heirs of Mihren must possess it jointly in the manner for which it 
was declared (/. e. as an endowment "for the soul" of Farraxv and Mihren — A. P.). 

25, 5—8: 

It is written in one place that if he declares (the transfer) of a thing as (an en- 
dowment) "for the soul", and conveys it to the possession (= trusteeship) of a woman, 
and this woman marries; then this thing will pass to that man (= her husband) and to 
his kinsmen on the same basis as it passed to the woman. 

25,8—11: 

In addition it is written in one place that if he conveys a Fire-altar to the posses- 
sion ("the trusteeship") of his daughter and the daughter marries, then she will bring 
(the trusteeship over the Fire-altar) to her husband. And if the husband divorces her 
or (if he) dies, then the testimonies given in court and the responses to them must be 
investigated in order to (decide) whether the trusteeship (over the endowed Fire-altar) 
shall remain in that family ("there") or return to the family of the endower. ' « 



25, 11— 13: 

If he declares (the following): "Keep this family under (your) guardianship", and 
(that one subsequently) transfers (the guardianship to another person), and if the se- 
cond guardian dies, then the guardianship shall return to the family of the disposer 
(/'. e. the status quo ante shall be re-established; cf. 25, 13 — 15 — A. P.). 

25, 13—15: 

If he declares: "I have conveyed this family to your guardianship", or if he de- 
clares: "you are made/proclaimed by me the guardian of this family 1 ', and (if) the 
guardian of the family (= the one who became guardian through the above declara- 
tion — A. P.) transfers the guardianship over the family further (/. e. appoints another 
guardian), and (this) guardian dies; then the guardianship over the family shall return 
to the first guardian (= to the family of the first guardian; cf supra 25, 1 1 — 13). 



SiilD:TEXT 



25, 15 — ] (v. 

K.'i gopcl (16) ku en alaxs sardfinh 6 lo kart sardarih pal palvnnd be bnrisn. 

25, 16—26, 1: 

Ka gofiel (17) ku en alaxs pal sardfirih lo dar sardarih pal patvand be barisn 
sardarih I pat (1) patvand be ravel an I alaxs ul an I xvaslak i 6 ruvan dahend. 

26, 1—3: 

Ka pat dutak (2) sardar gumartan pus-c(v) 6 purnaylh raset (ut) an pus frac ravel 
but ke guft (3) ku dutak sardar 1 pus gumarisn. 

26, 3—5: 

Dutak sardar I gumartak ka katak-banuk zan (4) kunet ut pas pus o purnaylh 
raset a5ak-is pat zanlh hamdatastanlh I pus (5) apayet. 

26, 5—7: 

Sardar I katak-xvatav gumart patixsay ka zan ut frazand pat sardarih (6) be 
dahet pat castak gopend ku sardar I butak r sardarih 6 pes patixsay dat (7) u-s and dat 
bavet cand dahend*. 

26, 7—8: 

Pus ka xvastak I pitar glret ut daret (S) ne patixsay ku sardarih I apurnayakan ne 
kunet. 

26 ; 8—10: 

Gyake rripist ku sardarih I dutak (9) ke sardar" 6 pes patixsay dat ut evac amejvak 
I katak-xvatay gumart* ut stur I kartak (10) andar iivandakaruh I xves 6 harv ke 
kamet patixsay dat. 



TRANSLATION 



25, U — 1G: 

If he declares: "the trusteeship over this Fire-alter is declared (to be transferred) 
to you", then the trusteeship must be transmitted (by way of inheritance) to the kins- 
men (of that man). 

25, L6— 26, 1: 

If he declares (the following): "hold this Fire-altar in (your) trust", then (the 
trusteeship) is transferred to the family (= "kinsmen" of that man). The trusteeship 
which passes to the kinsmen (of that man) (consists of): (the guardianship) over the 
Fire-altar and (the guardianship) over the estate conveyed (as a foundation) 'Tor the 
soul". 

26, 1—3: 

If at the time of (the official) appointment of a family guardian one of the sons 
(of that family) has reached his majority and died, (then), as has been said by some 
(authorities) a family guardian must be appointed, proceeding from the assumption 
that son was the head of the household [21]. 

26, 3—5: 

If the ''appointed'' guardian marries the mistress of the house and the son>(of the 
mistress of the house) subsequently comes of age, then the agreement of the son is re- 
quired for (the continuation/ legality of) the marriage (of the mistress of the house 
and the guardian). 

26, 5—7: 

A guardian appointed by the head of household is (in turn) entitled to convey the 
wife and children (of the family under his guardianship) to the guardianship of an- 
other person. In the Commentary on the Avesta it is said (by the authorities) that the 
''naturar (/. e. the one who has assumed the guardianship via natural calling — 
A. P.) guardian is fully empowered to convey the guardianship further (lit. "forward", 
/. e. to another person — ■ A. P.), and it may be transferred as many times, as it is 
transferred. 



26, 7—8: 

If a son receives ('"takes") and possesses his father's estate, he is not entided to 
refuse (= "not to carry out' 1 ) the responsibilities of the guardianship for the minors (in 
his father's family). 

26, 8—10: 

It is written in one place that he who is the guardian of a family is entided to 
transfer the guardianship (to another person) and the only guardian (having this 
right) is the one appointed by the head of household (himself). And likewise, an 
^instituted 1 stur (i. e. one who was designated as stur through the disposition of the 
late head of household — A. P.) is entitled to transfer (the Worship) during his (own) 
lifetime to whomsoever he desires. 



^n 



MUD: TEXT 



2fi, ](J— 12: 

Cast cstct ku f]]J dutak sard fir i butnk en 4 bavcl pus (\) pfitixsayiha ul pnti- 
griftak ut slur I kartak ul brat I hainbaY. 

26, 12 (=69, 9—10): 

Gyake nipisl ku sardarlh I dutak I piL 6 pus i patigriftak nc rasct. 

26, 13—14: 

Ka amxs pat sardarlh 6 2 mart dahct ut evak gbpet ku-m andar ne apayet (14) o 
6y I dit ne raset ce-s ostaflarlh (T) 6 2 mart dat bavet. 

26, 14—17: 

Ka ataxs (15) nisayet ut sardarlh ra5 framan ne dahet sardarlh pat pus I mas ut 
ka an I mas ut pat (16) dat havand 2 hast 6 an I pat den kartartar ut veh ut ka-c pat 
den kartarih ut vehlh (17) havand hend pat akanen darisn. 

,26, 17—27, 1: 

""Aturok I (kas nisayet) kas pat Varahranlh 6 (1) datgah nisast pat dutak I 6y ke 
pat Varahranlh 6 datgah nisast ravel. 

"27,2—4: 

Sardar I gumanak senak masa. ut bazuk + masa oh bavet ut an ke sardarlh apar 
frac (3) manet ne bavet. An-ic ke sardarlh apar frac manet be ka aparmand glret ut 
(4) daret" enya-s oh bavet ut ka glret a-s ne bavet. 

27, 4—5: 

Ka gopet ku-m dutak pat (5) sardarlh 6 to dat ataxs-ic dat bavet. * • 

27 7 5—9: 

Gyake nipist ku ka AUirfambay' (6) aturok nisast ut xvastak a^-s dat ut sardar 
pat-is gumart u-s pas zur-xvart (7) be kart (ut pat Varahranlh 6 datgah nisast) 
Vayayar guft ku but ke patkarisn (S) en but ku cis I sardarlh yimar be but ce an zanian 
aturok but be-san (9) >"uttar be ne kart. 



80 



TR4NSLATI0N 



26, 10—12: 

It is indicated (in the Commentary on the Avesta) that the following (categories 
of persons) may become "naturaF guardians: a son From a patixsayth marriage (of 
the late head of household), an adopted son. an "instituted* stur, and a co-heir (co- 
partner) brother. 

26, 12 (= 69, 9—10): 

It is written in one place that (the prerogatives) of a guardian of his father's fam- 
ily do not pass to an adopted' son. 

26, 13—14: 

If he conveys the trusteeship over a Fire-altar to two persons and one (of them) 
declares: "I do not need it", then (this Fire-altar) shall not pass to the trusteeship of 
the other (= the second individual), since the title was given to the two individuals 
Gointly). 

26, 14—17: 

If he sets up a Fire-altar but makes no disposition regarding (its) trust, then the 
trusteeship (passes) to (his) eldest son. If there are two of them having the same age, 
then the trusteeship for the Fire-altar shall pass) to the one (of them) who is more de- 
vout and virtuous, and if they are equal in religious and other virtues, then they shall 
possess (it) (= carry out the trust) joindy. 

26, 17—27, 1: 

An altar set up by someone at an appropriate place in (the temple) of the 
Varahran-fire is transmitted (to the trust) of the family of the person who instituted 
(that altar) at the given place in (the temple) of the Varahran-Fire. 

27, 2 — k 

Payment-rations commensurate with his maintenance are allotted to the 
"appointed" guardian (from the revenues of the family). But one who inherits the 
guardianship (= one to whom it is transmitted, /. e,, the "naturar guardian — A. P.) 
is not entitled to it (= the payment). Likewise, if the one who has inherited the 
guardianship has not accepted the estate (of the late head of household) and does not 
possess it, he is entitled (to a payment), but if he has received (a share from) the estate 
(of the deceased), then he is not entitled to a payment. 

27, 4—5: 

If he declares: "I have placed (my) family under your guardianship' 1 , then the 
(trusteeship over the) Fire-altar is thereby conveyed (to him). 

27, 5—9: 

It is written in one place that if Alurfarnbay has set up a Fire-altar, and conveyed 
an estate ("a thing") to it, and appointed a trustee over all this, and subsequendy has 
(himself) committed (the offence) of giving a false oath; (then), as has been said by 
Vayayar, some (authorities) have considered (Aturfarnbay's disposition) doubtful 1 in 
(the sense) that the situation regarding the trusteeship has been altered thereby, since 
the Fire-altar was already in existence at that lime [22]. However, they have not acted 
otherwise. 



MUD: THXT 



27. V— 12: 

Ataxs i Varahrfin i cand mart pat fiknnen nisfmcnd (6) avesan ke (10) pal akancn 
nisancnd bahr ul daslarih ne dahcnd nc bahr be dastanh. Ut an I mart (11) laniha 
nisanct ka-s bahr siUomandtar baSir ul ka-s daslarih sulomandtar daslarih (12) apaycl 

dat. 

27, 12—14: 

Ka marl xvastak ruvan rao pnytfik kan ut nipisl kfi-m zan I (13) xves dastan rao 
framan dat zan hac framan i soy be csiat nc palixsay (14) u-s sardarih kunisn. 

27, 14—15: 

Pat sardarih I dutak ke apurnayak andar pus I cakar ne gumarisn (15) ce-s apak 
apurnayak I pat an duiak patvand nest. 

27, 15—16: 

Ataxs I zan ke soy ul frazand (16) hasl ut anandarz murt nisast 6 frazand ne be 6 
s6)- rasel. 

27,16—28,5: 

Ka marl (17) dutak pat sardarih 6 mart-e(v) dahet (ut) andar dutak (I) apurnayak 
(ui) purnay (hasl) ul ka purnay (6 soy) dahet (ut) pit I (1) 6y (ut) pit I sardarih- 
nabanazdisi hend ut dutak sardar an mat (ul) katak-xvatay kart ku-man + duxtak"^ 
(Ms.: duiak) pal (2) sardarih 6 Mihrcn dat but ke guft ku hac' an ciyon sardarih pat 
dat I pit but (3) estet mat (pal) duxl pal soy be dat kar nest. Pusanveh I Burzalur 
Farnbayan (4) gufi ku ka pal an aSvenak pat an cis datastan )iittar ne bavet cryon ka 
sardar buiak (5) he. 

28,5—7: . . ' . 

Gyake nipisl ku ka alaxs ra5 gopel ku-m pat sardarih 6 avesan I (6) man pus dal 
tut) 6 avesan \ man brat dat (hend) evak I pal dal I mas dat (ul) 6 avesan (7) I hac 
datasuin pus (ut) datastan brat I cakar zal esiei ne raset. 



TRANSLATION 



27. 9—12: 

If several persons jointly set up a Varahran'-Fire, then the share [23] and mainte- 
nance (= the payment assigned to the trustee — .4. P.) are not given to the persons 
who jointly set up (the Varahran-Fire), nor is a share without maintenance. (If, how- 
ever, it is a case of) a Fire-altar set up by a single individual, then (he) shall be given 
a share — Lf a share is more beneficial, and maintenance — if maintenance is more 
beneficial. 

27, 12—14: 

If a person has declared (the transfer) of an estate /property (as a foundation in- 
tended) "for the soul'' and has written (the following): " ; I have given a disposition so 
that my wife should exercise the trusteeship ('should hold it')", then the wife is not 
entitled to withdraw from (the fulfillment of) her husband's disposition and she must 
exercise the trusteeship (over the foundation instituted). 

27, 14 — 15: 

A son from a cakar marriage cannot be appointed guardian over a family with a 
minor, since he is not a kinsman of the minor in that family. 

27, 15—16: 

A Fire-altar set up by a woman — having a husband and children — ■ who died 
without leaving a will, passes (under the trusteeship of) the husband and not (under 
that of) the children. 

27, 16—28, 5: 

If a man conveys his family to the guardianship of another and the family com- 
prises a minor (son) and a major (daughter), and the major daughter is given (in 
marriage), and her father and her guardian ("her father according to guardianship"?) 
are agnates, and (if) the family guardian, the mother (of the girl) and the head of 
household make (the following) declaration: "We + have conveyed the daughter* 
('family' in the ms.) to the guardianship of Mihren", (then), as has been expressed by 
some (authorities), inasmuch as the transfer of the guardianship was effected by the 
father (himself), the right of the mother to give the daughter in marriage is invalid. 
Pusanveh I Burzatur Famba7an has said that if the matter took place in this way, then 
the decision in such a case must be the same as the one rendered when the guardian is 
(a) "natural" (one). 

28, 5—7: 

It is written in one place that if he makes (the following) declaration regarding a 
Fire-altar (set up by himself): "1 have conveyed (this Fire-altar) to the trust of (the 
successors) of my son and of (the successors) of my brother", then (the trust is 
thereby) transmitted to the successors of one (son and one brother), specifically of the 
eldest (son and the eldest brother — A. P.), but it docs not pass (to the children) of a 
"legar son and a "legaT brother born from a cakar marriage. 



83 



MUD: TEXT 



2S\ 7—9: 

Apak ani guTi ku ka (X) gojicl ku-m yuma i zan ul frazand hambfry karl hch ka 
palixsnylha (ayap) pniigriftak liasi I'J) (2) cakar nc kunisn ka nc an-ic I cakar oh 
kunisn nikcrilan. 

28, 9—]l: 

Hac dastafiaran oyon nipist (]0j ku pit sardarih I apurnayak I-s pat sardarih be 
dat hame(v) ka-s kamak kamel ( ] ] ) apac stat patixsay. 

28, 11—12: 

Pit sardarlh I duxt yavetanak ut brat an I xvah ta zivandaklh I (12) xves + (Ms.: 
BNPSH = \-\'at) be patixsay dat. 

28, 12—13: 

Ka dutak pat sardarih o 2 man dahet ut evak ne (13) patiglret .ayap harv 2 
patiglrend evak pat baxl savet sardarlh aframan. 

;.. 28, 13—15: 

Ka kunet (14) ku-m en ataxs hac xvastak hammis nem pat sardarih 6 to dat 
sardarih xvap (15) u-s an nem pat parvand be ravet. 

28, 15—17: 

Dutak sardarih (I) pus" (Ms.: B?J"H = duxt) oyon ves gopend ku (16) ka ziyan 
kunet a-s sardarih appar ne bavet mart pat gufi I Zurvandat nipist (17) ku ka ne 
hanbaret (ziyan) kartan ut ne vicartan ra5 apurnayak sardargumaiisn. 

28 r 17—29, 3: 

Sardar I (1) gumartak ka ziyan kunet a-s sardarlh appar. Ut ka apac ne hanbaret 
dutak (2) sardarih oh darci ka sal drahnaS Aparak" gufi (ku) dutak asardar kartan ra5 
maik[arzan] (3) ut ka andar sal drahnai an ziyan be vicaret apac gumarisn. 



84 



TR4NSL-ITION 



28, 1—9; 

In addition it is said that if he declares: "I have made you a co-partner with (my) 
wife and children' 1 , then — if there are (a wife and son) from a patixsayih marriage, 
(or) van adopted son — (the wife and children) of a cakar marriage cannot be made 
co-partners (= co-heirs), but if there are not, then the wife and children of a cakar 
marriage may be nrade-eo-panners. Take note. 

28,9—11: 

The following has been written with a reference to the commentators of the 
Avestcr. a father who lias transferred the guardianship over his minor son (to another 
person) is entitled to receive (the guardianship) back whenever he expresses the desire 
(= demands it). 

28, 11—12: 

A father is entitled to transfer the guardianship over a daughter (to another per- 
son) forever, but a brother (is entitled to transfer) the guardianship over his sister to 
the end of his (own) life. 

2S ; 12—13: 

If he transfers the guardianship over his family to two persons, and one (of them) 
does not accept (it), or if both accept it but one (of them) dies, then the guardianship 
is not valid. 

28, 13—15: 

If he declares: '"I have conveyed one half of this Fire-altar with (its) estate 
(= endowment) to your trust/', then such a trust is legal ("good"). And the other 
("that") half passes to die trust of the kinsmen (of the endower). 

28, 15—17: 

The following is said for the most part (regarding) the guardianship of a sorj over 
the family (of his father): he is not to be removed from the guardianship even if he 
causes damage. Someone has written from the words of Zurvandat, that if he does not 
reimburse the loss, then a (new) guardian must be appointed over the minors (in the 
family) because of the damage caused and the failure to make up for it. 

28, 17—29, 3: 

But if an "appointed" guardian causes damage, then he is removed from the 
guardianship. And if he does not compensate (the damage caused by him), (then in 
this case also) he shall (continue) to exercise the guardianship over the family for the 
duration of one year. Aparak has said (that): the abandonment of a family without a 
guardian deserves a punishment (of the category intended) for capital offences. And if 
he reimburses this loss within the period of one year, then he shall again be appointed 
as guardian. 



85 



hilIb:TliXT 



2'). 3—(k 

Ka xvasmk ruvfin (4) rao pnyiak kimcl ut pal daslan 6 Farraxv dahcl ut Farraxv 
gircl ul darct vitart Farraxv (5) (ul) pat patvand i Farraxv be ravel hakar" 6y I sardar 
vinas pat-is kunct (ul) ap(p)ar bavet (6) ul ciyon Dal-Farraxv gufi sardanh apac 6 bun 
savel nc 6 Farraxv. 

29, 6—9: 

Gyake nipist (7) ku ka ataxs nisancl u-s (ul) pus i palixsayiha ul patigriftal; hasi 
ut sardanh (8) ra5 (6) Farraxv nc dahcl vilan kaiak-xvatay ka pus i paiigrifiak pat dal 
mas sardar (9) pus I paiigrifiak ut hakar-is nirmat-c(v) andar apak hamdutakan. 

29,9—11: 

Ka xvastak ruvan ra5 paylak (10) kart u-s yazisn (ut) nihatak apar nihal ut pat 
dastan framan ne dal vilart pit (11) pus T mas pal sardanh darisn ut hakar-is nlrmal- 
e(v) andar apak hamdutakan. 



xx vn * 

29, 12: 

Dar I agrafllh. 

29, 12—17: 

PastQzisnIh + (13) dal patixsay bavet ut patixsay ne bavet. Man apam (ul) tozisn 
I-s pat kasan ul xvastak (14) I-s la anl aSvenak sahet ut el ce-s handarz ut xvasiak-ic 
I-s dastvarz" (Ms.: YDH-w-wrc) ta aril (15) aSvenak dat paiman apar kan este-i pal 
apam lozisn. I 6 kas ka-s arn-c (16) xvastak hast xvat u-s wastakdar-ic patixsay hend 
ka be ne apasparend (17) ut ka-s ani-c xvastak nesi a5ak-ic ta zivandak^nih patixsay 
ka be ne apasparet. * 

30, 1—3: 

Ka mart kc 6 kas tozisn ul dehisn hamnSven xvastak f xves ra5 kunet ku (2) nem 
ta 10 sal 6 Farraxv ut nem pas hac 10 sal 6 Mihren dal ul andar 10 sal apam wa-hend 
(3) xvastak zlvandakan' (Ms.: PL-BHY") lozisn nem ta 10 sal ut nem pas hac 10 sal 
be apasparisn. 



* The {abjatf) ordinal-number 27 is pkised in line 1 1 above the beading of tlie chapter. 



80 



TR4j\'SLiTI0N 



29, 3—6: 

If he declares (the transfer) of a thing (as an endowment) "for the soul" and con- 
veys it to the possession {= guardianship) of Farraxv, and Farraxv receives and holds 
it, then — after Farraxv's death — the guardianship will pass to his family. And if the 
person exercising the guardianship causes damage, then he shall be removed from the 
guardianship; and, as has been said by Dat-Farraxv. (in such a case) the guardianship 
returns to the family of the endower and (does) not (remain in the family of) Farraxv. 

29, 6—9: 

It is written in one place that if he sets up a Fire-altar and he has a son from a 
patixSayTh marriage and an adopted son, and (if) he does not transfer (the Fire-altar 
instituted) to the trusteeship of Farraxv; then after the death of the head of household, 
the trustee is the adopted son, if the adopted son is older, and (he shall exercise the 
trust) together with the members of the family, should this prove beneficial. 

29,9—11: 

If he declared (the transfer of) a thing (as a foundation) "for the soul" and allot- 
ted ("laid down 7 ') an endowment for the performance of the religious ritual but gave 
no orders regarding possession (= trust), then, after the father's death, the eldest son 
shall be trustee — together with the members of the family — should this prove 
beneficial. 

xxvn* 

29, 12: 

Chapter concerning seizures (of property in settlement of debts — .4. P.). 

29, 12—17: 

The settlement after death of a debt (of the deceased by his heirs or by persons 
having benefitted from his estate — ,4. P.) may or may not take place. A man (may 
hold back) the settlement of (his) debt to (other) persons and (the transfer of) a thing 
(according to an earlier contract) as long as a different form (or "situation") rs, satis- 
factory (presumably to the creditors or to the other party — A. P.). Insofar as equip- 
ment (or "clothing") and (technical) implements /tools are concerned — -even if he 
has property — he, himself, and his heirs are entitled not to convey (them) for the 
settlement of a debt as long as an agreement (exists) concerning a different form of 
transfer (/. e. a different manner of settling the debt — ,4. P.). And if he has no other 
property, then he is entitled not to iransfcr (ihcrn) untill the end of his life. 



30,1- 



o. 



If a man who must make a settlement with someone and convey (a thing) makes 
the following declaration regarding his entire estate: "half (of my entire estate) is 
conveyed to Farraxv for a period of ten years, and the second half — to Mihren after 
ten years", and (if) the settlement of the debt is demanded of him in (these first) ten 
years; then he must settle (the debt) in his own lifetime and he must give half of the 
debt before ten years elapse and the second half in ten years' time. 



S7 



MUD: TEXT 



30.4— K: 



Ka mart kc 6 kns xvastak ui cis lozisn ui clahisn kuncl ku-m xvastak i man (5) 
xvcs frac hac man 6 Aturfarnbay dal hac an frac be kunci + an xvastak bavct (6) an) 
xvastak avi-s ne rasct ut hakar and bavct cand pal lozisn bavandak ut hamaSvcn (7) 
pat (h)cr I xvcs uzenak kuncl aoak-ic xvastak pat arz. I lozisn hac Aturfarnbay (&) 
apac afiarisn. 



30, 8—9: 

Ka vaxs ul 'mv'n I pat patman I sa! evak kart sal 3 (9) 6 lozisn mal apam I sa! 2 
hast pat kartak pat apam I sal 2 be apaspartan. 

30, 10—11: 

Ka xvastak pal dat be dahet ka-c-is 6 zan etar a5ak-ic xvaiisn ul darisn (1) f zan 
(ut) apurnayak apac aparisn. Ka pal (hjandarz be dahet a5ak-ic apac aParisn. 

30, 12—13: 

"* Ka xvastak pat dat be dahet ut zahm kunet apac ne [afia]risn ut ka pal (13) han- 
jdarz be dahet apac aparisn. 

30, 13—15: 

^ Duxt ut zan ut apurnayak xvastak I pes hac (14) an ka-san soy kart (ut) pit apam 
stat ut hac pit ut soy ut sahan sah 6 xvesih (15) mat pat tozisn I soy ut pit be ne* 
vicarisn. 

30, 15—17: 

Gyake nipist ku vieir I mart andai (16) zan ut frazand avast ra5 apam ut tozisn I 
pas hac an hac xvastak I (an mart dast) hakar evbar (17) an viclr avartet*(an mart 
dast) kern ne tozisn. 

30. 17—31, 2: 

Gyake nipisl ku pas-t6zisn(l)Ih ra5 pat vaxs ut tiw'n aparik-ic an i hac an son 
xvastak ke darisn be kan apac ne (2) ap'arisn. 



as 



TRANSLATION 



30, A — 8: 

If a man who must make a settlement (of a debt) to someone and convey a thing 
declares (the following): "I have conveyed my entire estate after my death, to 
Aturfambay", and since (the time) that he has made the declaration (concerning this 
transfer) the estate (remains) the same and (no) odier estate passes to him; then — if 
this estate is sufficient for the settlement (of the debt), but he (= Aturfarnbay — A. P.) 
lias spent it for his own needs — a thing equivalent to the amount of the debt must be 
seized ("taken back") from Aturfarnbay in dus case as well. 

30, S— 9: 

If interest and smart-money (7) are stipulated in the case ("on the condition") of 
(his non-fulfillment of Ids obligation — A. P.) within one year, he is faced with the 
obligation to settle (lit. "it has come to the payment") in the third year; then his in- 
debtedness (to pay the interest and smart-money (?) — -A. P.) is a two-year one and, 
according to judicial regulations ("according to procedure"), (a sum) equivalent to a 
two vear indebtedness must be conveyed (in settlement of this debt; cf, A12, 
17—13, 2). 

30, 10—11: 

When he conveys a diing for transfer — even if he (conveys it) to a wife (who is) 
there — the means required for the maintenance of the wife and minor (child) must 
be retained ("returned"). And if he conveys (it) by testament, then (it) must be re- 
tained ("returned"; removed from the transfer), in this case as well. 

30, 12—13: 

If he alienates an estate ("thing") in accordance with a (transfer) agreement and 
(subsequently) commits a crime of physical violence, then (nothing) is retained (from 
the estate) conveyed by him. But if he alienates (it) by testament, then it must be re- 
tained [24]. 

30, 13—15: 

A daughter, wife or minor (child) need not transfer — ■ in payment of a debt 
(contracted) by the husband or father — a thing lent to the father before die marriage 
and (which) was given into their personal possession by the father, the husband, or 
; 'me King of Kings". 

30, 15—17: 

It is written in one place that even when there is a contract (regarding the 
transmission of the estate) sealed by the husband with (his) wife and son, the debts 
and payment obligations subsequently undertaken by him must be paid in full from 
the estate in that man's possession (at that time) — (this is the case), even if he sealed 
the contract immediately. 

30, 17—31,2: 
It is written in one place that a thing formally transferred (to another person) 
may not be seized ("returned") for the settlement after death (of the cle cuius's liabil- 
ity) for percentages (interest on the debt), smart-money, and all other (payments) of 
this type. 



89 



Mill): TliXT 



31, 2—3; 

Bui' kc guft ku pal ;ipam ul nhrnvdal ul rrwrkarzan cnvfj pal (3) apimk* harv cis 
pas-l62ismh aoak kar ka xvDslak-darisn be nc karl. 

31,4—6: 

Vayayar gufl ku ka kuncl ku-m xvastak I man xves frac hac man 6 vahman (I) 
(5) mart dat pal kariak byon kunend ku parvarisn I zan (ul) apurnayak apac aparisn ut 
aparik (6) hamgonak ciyon dat (1) frch rasl. 

31, 6—8: 

U-s en-ic gufl ku ka kuncl ku frac hac man (7) en xvastak 16 xves hep bavel 
Martak ul Pusanveh gufl ku pat kartak ka mat (8) a5ak-san 6yon karl ciyon dat ne 
oyon Eiyon andarz. 

31, 8—15: 

Vahram gufl ku ka Farraxv (9) xvasiak hamak 6 zan ul frazand I palixsayfha dat 
u-s pas aturok dat (10) nisasl ul xvastak hamak avi-s dat ra5 T vicir avast ku aturok 
dastarih;|ai (11) miyan xvastak hac zan ut frazand apac stat ut 6 aturok dat man vicir 
pal-is (H) karl ut (ne) avast" u-s xvat-datastan nest ce en yutlar bavet ku ka xvastak 
be (13) o zan ul frazand-e(v) dat ut pas be froset ayap grap kunet ayap apam stanet ce 
(14) zan ul frazand ke xvastak avi-s dat pai-ic rah I xvastak saidarih an apam (15) be 
apayet toxtan ut an xvastak drusi apayet dasian. 

31 15—32, 17 = 20.7—10: 

U-s en-ic guft ku ka (16) katak xvaiay xvastak (i-s) mat ut raset 6 zan ut frazand 
dahet ut pas ansahrlk azat (17) kunet Siyava(x)s gufl (ku) ansahrlk hac sahan sah 
bandakih apac apunan ne sayet (1) ut man-ic eion danom be-s Rat-Ohrmizd yut- 
datastanih-e(v) andar 6h karl. » 



90 



TIUNSUTION 



31.2—3: 

Some (authorities) have said that except in cases of settlement of (the princi- 
pal — .-1. P.) debt, of fulfillment of obligations of religious devotion, or of (payments 
adjudicated for the commission of) capital crimes, in all other cases, (a demand) for 
the after death settlement of (the tie cuius's) debt is valid only if there was no aliena- 
tion of the possession of the thing (at the entry of the new possessor into his rights). 

31.4 — 6: 

Vayaynr has said that if he declares the following: *"I have transferred the estate 
belonging to me to so-and-so. alter my death' 7 , then this decision is rendered accord- 
ing to the judicial regulations: (the means required) for the maintenance of the wife 
and minor (child) must be retained ("returned") and the remaining estate (must be 
treated) in accordance with his disposition as to the transfer — (this will be) more 
equitable. 

31.6— S: 

He (= Vayayar) has also said that if anyone makes the following declaration: " ; let 
this thing be yours after my death!", (then) — as has been said by Martafi and 
Pusanveh — when (the case) is brought before the judges (lit. "comes to the judicial 
procedure"'), they judge (the case) as one of bestowal by deed, not by testament. = 

31,8—15: ^ 

Valuam has said that if Farraxv (bequeathed) his entire estate to (his) wife and 
son (= children) from a paiixsaylh marriage, and subsequently he has set up a Fire- 
altar and has sealed a document (with the following content) regarding the transfer to 
it (= the Fire-altar) of the entire estate: * ; I have made a disposition and sealed (a 
document) regarding the maintenance of a Fire -altar at the expense of the estate taken 
("received") back from (my) wife and son and transferred to the Fire-altar'; then (this 
question) is not (resolved) ipso iure (/. e. this question requires special investiga- 
tion — .4. P.) because this case is different from the one where (someone) having con- 
veyed an estate by testament to (his) wife and children, subsequently sells it, or gives 
it as security, or contracts a debt ('"receives it as a loan"). For — insofar as they are 
the guardians of (this) estate (= the endowed foundation — A. P.) — the wife and son 
to whom he has bequeathed the estate arc obligated to settle this debt and to preserve 
the estate intact. 

31, 15—32, 1: 

And he (= Vahriirn) has also said that if a head of household conveys to his wife 
and children the estate belonging to him and that which he will receive, and he sub- 
sequently frees a slave; then, according to the opinion of Siyava(x)s, the (freed) slave 
may not be brought back from his (acquired status of) a subject of the King of Kings 
(to his former servile status). And I express the same opinion, but Rat-Ohrmizd has 
expressed a different judgement on this question |25|. 



'Jl 



MUD: TEXT 



32, 1 — 4: 

Zamasp (2) gud ku ciyan-am asnul xvastak i marl 6 zan ut firazand dal cstcl ul 
pas (3) be froscl hac mart I rat apac nc afiarisn an-ic I cakar ra5 framan but (4) cstal. 

32,4—10: 

Ka mart 2 cvak pal muhr I evar cvak pal muhr I vicurt I pes hac (5) an vieir darcl 
uL zan-e(v) ra5 yut yut patkarel ku man zan ut daiastan apak ziyanak (6) kunend ut 
ziyanak darisn andar cvak-ic nc paytak gopet ku 6y zan horn ke viclr I (7) varomand 
darct darisn. Hast kc cton goficl ku be 6 oy kunisn kc vieir I (8) pes darcl ul (hast kc 
elon go^et ku be 6 6y kunisn kc viclr I pes darel) (9) hast ke 6 6y guft kc viclr I evar 
daret be ka daiastan mart evak apak dit (lOj kunend harv aSvenak darisn 6 viclr I 
evar kunisn. 



xx vm 

32, 11: 

Dar * I xvarisn ut darisn I kas hac kas. 

32, 12 — 14: 

Pus la purnay bavet duxt la soy kunet zan la iivandak an I patixsaylha xvarisn 
"(13) ul darisn. Ka hac (an) (h)er + (Ms.: P\VN< SB/PWN) I pit pat miyan kartan 
sayet hac an I pit ut ka hac an I pit (14) pat miyan kartan sayet oYon ku-s guhaiik hac 
an I pit apac raset hac an I pus. 

32, 15: 

Apurnayak I cakariha ka hac (her T) dutak nest hac an I pit I cakariha an-ic I 
puma)' hamgonak. 

32, 16— 33 : 1: 



Pit ka-s hac (h)er (I) ut xvastak 1 xves nest hac (h)er I pus duxt (ut) zan (T) (17) 
patixsaylha. Pit I cakariha hac vaspuhrakan I zan ut frazand (!) cakarlha (1) u-s gu- 
harik. apac dahisn. 



The [abjad) ordinal -number 2S is placed above the heading of this chapter. 



92 



TRANSLA7T0N 



32. 1—4: 

Zamasp has said: "As I have learned, a tiling transferred by the husband to (his) 
wife and child and subsequently sold by him shall not be taken back ("returned") from 
whoever received the gift (lit. 'from the man of the gift')". (The situation is) the same 
in die case of a disposition (for a transfer) made in favour of a cakar-wife. 

32, 4—10: 

If two man — one having a document with a valid (or: "trustworthy"*) seal, the 
other with a seal set earlier and then valid — each separately conduct a judicial case 
concerning one (= the same) woman (declaring): "(this woman) is my wife"', and a 
court session with the participation of the woman is arranged, but the woman does not 
make a declaration regarding her belonging to one of them (as a wife), namely: "I am 
his (that man's) wife"; then she shall belong to the one having the document sealed 
earlier. Some hold to the opinion that she should be adjudicated to the one (of them) 
having the earlier document, but there were also those who said that (she) should be 
adjudicated to the one having the document with the trustworthy seal. However, when 
one person litigates with another, a possession of whatsoever nature should be adjudi- 
cated to the one (of them having) a document with the seal actually valid. 



xxvm 

32, 11: 

Chapter* concerning the support of one person by another. 

32, 12—14: 

(The following) must be supported: a son — until he comes of age, a daughter — 
until she marries, a wife from a patixsayih-marriagQ — for life. If the maintenance 
can be provided from the funds of the father (= the head of household), this should be 
done from the funds of the father; but if the funds of the father provided for this 
maintenance (are such) that the amount (provided) from the funds of the father are 
insufficient to cover (the expenses) of the members of the family — ■ then the (funds of 
the son (should likewise be used). 

32, 15: 

In the absence (of funds) in his family, a minor (son) from a coA'ar-marriage 
(must be supported) nt the expense of (his) cnknr-faihcr. The same for a major 
(daughter) (from a coA'ar-marriagc). 

32, 16—33, 1: 

If a father does not have his own means (he must be supported) at the expense of 
his son, daughter or wife from a pa/rn'oyf/j-marringc. But a iakar-hlher (must be 
supported in the absence of his own means — .•!. P.) from the inherited share of (his) 
wife or daughter from the caA-or-marriagc. And lie is obligated to return the equiva- 
lent (lo them) (= reimburse their expenses). 



93 



hit ID: TfLVT 



33. ]— 3: 

Duxl ka p;il vinfiskfirlh i pii <i) gfitar, kuncl (2) xvarisn ut darisn ul kn-s (line) 
kar-vindisn T xves hnsl hac kar-vindisn I xves ul ka-s kar(3)-vindisn i xves nest hac an 
I pit (I) bavcl. 

33,3—6: 

Apurnayak kc-s pit pal vinasknrlh xvarisn (4) ut darisn nc dahct kas be parvarct 
parvartar patixsay ka kar-vindisn cand (5) parvarisn guhank I parvarisn ra5 apac 
kunel ka kar-vindisn pat parvarisn nc bavandak an I (6) nc bavnndak guhank pit be 
dahisn. 

33, 6—9: 

Zan apurnayak pusakanlh duxlakanlh sturih (7) zariih (ut tarsakaylh) sardarih be 
pat atvadat pit pat (8) an I xvaf (Ms.: NPSH = xves) pat-ic an I aparlk avesan ut mat 
andar apayet pal an I xves pat (an I) 6y kc (9) apar estel froxt patixsay. 

33,9—11: 

x Zan I palixsaylha I larsakay sal-sal hac xvastak I (10) soy xves ut soy ne guft 
estet ma dahet yut hac zanilk ap ut urvaran (ut) xanak (11) ut ansahrik ta 2 bandak 
bavet be dai patixsay. 

33, 11—13: 

Duxl ut zan (ut) ansahrik (I) mart-(12) mart (ut) pat vinas varomand karl estet 
uzenak I-s pat xvarisn ut darisn ut et ce-s pat (13) passaxtan andar apayet xvatay "ui 
sardar danism 

33, 13—17: 

Frazand pat ansahrlklh evac pit (14) patixsay froxt ut pat marklh'tit ristaicih 
patixsay froxt evac pat fin I 6y 1 (15) patixsay froxt pat atvadai pil pat an i xves pat-ic 
an I by ui mat pat an (I) xvat (andar apayei) (16) ut pat an i (xvat) 6y ke apar mat 
estet ut aparlk sardar pal an 1 x\'at ui 6v ke apar mat (17) esiet froxt patixsay. 



94 



TRANSLATION 



33. 1—3: 



A daughter having committed adultery through her father's fault must be sup- 
ported. If she has a personal income — then (the means for her maintenance axe to be 
drawn) from tliat income, but if she has no personal income — she is to be supported 
at her father's expense. 

33 t 3 — 6: 

(Concerning) a minor wham his father does not support through his own (= the 
father's) fault and who is reared by someone else: the maintainer is entitled to retain 
from Lite personal income (of his nurseling) a sum equivalent to the one indispensable 
for his maintenance expenses. If the personal income (of the minor) is insufficient for 
his maintenance, then the lacking portion of the amount (= of the means), its 
"equivalent", is paid by the father. 

33, 6—9: 

A wife, minor (child), adopted son and daughter, j/urship (or) guardianship over 
a woman may not (be sold) except in cases of utmost destitution. And even in cases of 
utmost destitution the father (may do this only) (insofar as) it corresponds to what is 
indispensable for him and also for the others (= the members of the family — A. P.) 
and for the mother (/. e. on the basis of the calculation of the minimal requirement for 
the survival of the family — A. R); and he is entitled to sell (them only) to one of his 
kinsmen, to the one who comes forward (or "is present"). 

33,9—11: 

A well-behaved and pious wife from a patixsayih-marriagt (must be supported) 
year after year at her husband's expense, and the husband may not say: "do not give 
(funds for her) support'*' He is entitled to convey (to his wife) (anything) except land, 
water, plants, and the house; as for slaves — • no more than that she have two slaves. 



33, 11—1 



j: 



A daughter, a wife (and) a slave must each be subjected separately to the ordeal 
procedure in connexion with an offence: the expenses for her/his maintenance and 
those required for the arrangement (of the ordeal procedure) shall be born by the 
master (of the slave)Z5 or the guardian (of the daughter or wife). 

33, 13—17: 

Only the father is entitled to sell children into slavery. And on his deathbed or in 
a state of physical helplessness he is entitled to sell (them) only to someone to whom 
it is permissible to sell in the state o["a(vadat" (= in a state of utmost destitution; cf. 
33, 6 — 9 — A. P.), namely: the faLhcr — to his (kinsman), likewise — to (the kins- 
man of) that (= the child's) mother; and (only) insofar as this corresponds to what (is 
indispensable) for his (life) and for those whom he has (= the members of his family). 
As for the rest (/. e. property of any type), a guardian is entitled lo sell it — insofar as 
this is indispcnsiblc for his (survival) and for those (in his family). 



95 



MUD: TEXT 



XXIX 



34. 1: 



Dar I yazisn* ut nihataVc I apar (h)cr I ata(x)s ut xvastak I ruvan (ra5) nihai ut 
paytak kart*. 

34, 2—3: 

Xvastak I 6 ruvan dahcnd hakar baromand bar hakar abar bun (ut) an I hac hark 
(ut) bar ut uzenak I pat (3) bun ut mizd ul rocik I sardaran be par(r)ecet/pardacct. 

34, 3—6: 

(Ka) bybn nipist. ku-m" ruvan (ut) yazisn ra5 paytak (4) kart evac pat ayazisn ut 
hakai bybn nipist estet ku-m" ruvan (rao) ne paytak kart pat an e (5) 6y i ke pat 
daitan avi-s dat pat ruvan ra5 paytak kart sutomandtar sahet dahisn (6) ul uzenak 
kunisn. 

s 34, 6—9: 

; t; Ka xvastak ruvan ut yazisn ra5 paytak kunet ut yazisn pat namcist (7) nihatak 
"■iuhet bar an I hac nihatak pardacet / par(r)ecet sardaran xve.5 ut ka 07 on nipe sef 
ku-m (8) ruvan ra5 paytak kart ut yazisn pat namcist nihatak nihat bar an I (Hat) 
nihatak pardacet /par(r)ecet (ra5)? (9) yazisn kern hac-i$ ne kuniSn. 

34, 9 — 12: 

Ut ka xvastak ruvan ra5 paytak kart ut pat dastan 6 (10) kas ut bar asi-e(v) 6;y ke 
avi-S dat 6 xves baret/burt ra5~ (Ms.: L'-ne) Iranian dat ka-c ne (guft/kart) (11) estet 
ku kartan I sardarih ra5 a6ak-ic 6y ke avi-s dat bar freh hai an 1-5 baret/burt (12) raS 
framan dat ne xves. 



» 



* The (abjnil) ordinal-number 29 is placed above the heading of this chapter. 



XXIX 

34, 1: 



TRANSLATION 



Chapter concerning religious services, and special appropriations to the treasur- 
ies of Fire (temples) and endowments instituted and declared (as foundations) "for the 
soul"*. 

34.2—3: 

If a thing conveyed (as an endowment) "for the soul* ' bears fruit (= brings reve- 
nue), the fruit is (also) dedicated; but if it does not bear fruit, then the "principal" 
(shall be dedicated as well as) that which remains after the payment of the taxes and 
dues (with which the tiling is encumbered — ■ A. P.), and of the expenses for the 
maintenance of the "principal", and of die payments ("payments and rations") to the 
trustees. 

34, 3—6: 

If he has written the following: "I have declared (the transfer of an estate as an 
endowment) for the performance of rituals "for the soul"", then (the revenue from the 
estate) may be used only for the performance of religious rites. But if it is written in 
this manner: "I have declared (the transfer of an estate as an endowment) 'for the 
soul'", then the man having received possession (= the trusteeship) of the estate) may 
transfer it and make expenditures (in whatever way) he considers more suit- 
able/beneficial for the soul (of the endower). 

34, 6—9: 

If he makes a declaration regarding (the transfer) of a thing (as a foundation) 
"for the soul" and far the performance of religious rites, and sets a definite (=fixed) 
appropriation for the performance of the rites, then the surplus fruits (=surplus reve- 
nue) from this endowment shall belong to the trustees. And if he writes (as follows): 
"I have made a declaration (concerning the transfer of a thing) 'for the soul' and I 
have made ('set down') a definite (=fixed) appropriation (lit. 'outlay, deposit') for the 
performance of religious rites"', then, a lesser number of religious rites than (was set 
down by the endower —A. P.) may not be performed (for the sake) of preserving a 
surplus revenue from the endowment. 

34, 9—12: 

If he has declared (the transfer of) a thing (as a foundation) "for the soul" and 
conveyed it to the trust ("holding") of someone, and made a disposition that the one to 
whom he transferred the trusteeship (of the endowment) should take for himself a 
(certain) share of the fruits (=rcvcnue); then in that case also, fruits (=a revenue) su- 
perior to that indicated in the disposition of the endower do not belong to the person 
to whom he (=thc endower) conveyed (the trusteeship of the foundation), even if he 
did not (specify): "for the performance of the trusteeship" (/. e. the right to take a 
fixed part of the revenue as a payment for the trusteeship — A. P.). 



97 



A ill I J: T1LXT 



34. 12—15: 



Ka kart ku-m xvastak ruvan rao paytak kart (13) (ut; xvastak i-m ruv 7 r ~ 
pnylak kart Mihrcn hcfi darct a 5;ik-i§ hac ruvan apa£ nc f 14; stal bavcl cc ahravdiii-ie 
andar ruvan ut Mihrcn tuvan gufi ku pal ahravdal (15) dm. 



34, 15—35,6: 

Ka go^ct ku en xvastak pat grnjiih ayap goBcl ku pa: ruvan (ut) yazisn (]GJ 
daStan 6 man mat ul man xvastak I-m 6 man mal guft 6 Mihrcn dat ka-£ n" m 
nipeset" ku pat an aovcnak I-m 6 man mal guft xvap ut pa: ahang dahet ul ka eoBet 

(2) ku en xvastak ruvan rao yazisn nc pa.ttak ut xvasiak I-m paytak kan Mihren heB 

(3) darel en-i£ ne nipcsci ktHm) pat an aOvenak I-m paytak kan ne xvap ul ka eoBet 

(4) ku-m xvasiak ruvan ra5 paytak kart ut pat dastan 6 Mihrcn dat Mihren ut a ~ f 

(5) kas an xvasiak frox; ut be dfH nc pfuixsav cvacT (Ms ■ 'D'-'Vi f 3r n 5.iv^ r - 

' w r . \ - -t^; ueir pauxsay iroxi ut 

bun (6) pat an aovcnak I-s avi-s mat be dat ne patixsay u-l zi: p2rvand oh ravet 



35, %— 9: 

Ka mart xvastak i-s pat ruvan (ut) yazisn avi-s tzii r.zlz U ; zrsan be (S) vi£a ~r 
(Ms.: viearisn) sardarfii ap(p)tir nc bavet ce-s pal r --.-?- - =h .-vei apak an I (9) 
hacapar pa; guft I Dai-rarraxv nipist nikerltan. 






08 



TRANSLATION 



34, 12—15: 

If he declares the following: "I have declared (the transfer) of a thing (as a foun- 
dation) 'for the soul\ and let Mihren possess (=be trustee of) the thing which I de- 
clared transferred 'for the soul'!", then it (=the thing) cannot be taken back from "the 
soul" (=from the endowment "for the soul") because piety (lies) in (the transfer) "for 
the soul 1 ' (lit "in the soul"). And Mihren can. say that it was transferred for a pious 
purpose. 



34, 15—35, 6: 

If he declares (the following): "this thing came (=passed by transmission — 
A. P.) in my trust ('into my possession') as a security", or if he declares: "as an en- 
dowment set up 'for the soul' and for religious rites, and I have transferred to Mihren 
(this) thing of which 1 said that (it) had come to me"; then — even if he does not 
write (the following): "in the same manner (/. e. an the same basis — .4. P.) as I said 
that it had passed to me" — it is well and the transfer is regular. If, however, he de- 
clares: '"this thing is declared (as having been transferred to me as an endowment) 
'for the soul', not for religious rites, and let the thing, regarding which I made this 
declaration, be in the trusteeship of Mihren ('let Mihren hold /possess' it)", but he 
does not write: il in the same manner (;'. e. on the same basis — A. P.) as I declared 
(it)" — then it is not well (=is irregular). And if he declares: "I declared this thing (as 
an endowment set up) ; for the soul' and transferred it to the trusteeship of Mihren", 
then neither Mihren nor any other person is entitled to sell or transfer the thing, and 
he (=Mihxen) is entitled to sell only the fruits (^revenue), but he is not entitled to 
transfer the principal on the same basis ("in the same manner") as he received it (to 
anyone else), and it must pass to (the trusteeship of) his kinsmen. 



35, 7—9; 






If a man makes good the damage wrought by him on an estate (endowed) "for 
the soul" and for the performance of religious rites which came (by transmission — 
.4. P.) into his trust, then he shall noL be removed from the trusteeship, because (a 
trust) passes through kinship ("to the kinsmen"). (This case) should be examined to- 
gether with what has been written above on the basis of the statement of Dat-Farraxv 
[cf. supra 10, 3—G—A.P.}. 



Q9 




MUD: TEXT 



35,9—17: 

Ka kart ku line bar ul vaxl 1 had jcvasiak (10) mah Fravarlin pat ruvan (I) Fnr- 
raxv (J) ul mah Tir pat mvan I Mihrcn en yazisn (ul) harv sal pat an (11) roc ka man 
fraiam bavel yazisn cand saycl hep kunct ka vaxt and nc bavct tand (12) an yaziSn 
hamaoven hac-iS kartan Saycl an (!) kunisn (i) ka kunct kirpak ves bavct yuttar (13) 
nc bavel ciyon ka kunct l;u mah Atur pat mvan T man Visprat-c(v) roc Ohrmizd ut 
Yast-c(v) (14)ro£ Vahman ut Dron-c(v) ro£ Artvahisl hep yazct. Ut hakar ka Visprat 
yazlhil Yasl (15) ut Drbn kartan nc Saycl pat en cim ku apac 6 saxvan ut Iranian I pas 
estat Vispral (16) kem nc yazisn ut yazisn I pat ruvan I mart mart nihet ut kunct pai-i£ 
ruvan I xves nihat (1 7) ul kart bavct. 

35, 17—36, 1: 

Ka kunet ku roc Ohrmizd Astat-e(v) ke snom (I) Ohrmizd xvatay (1) ut roc SroS 
Yasl-e(v) snom (I) Sros hep yazet ka evak sayet kartan Astat kartan. 



fVY * 




XXX 

r 36, 2: 

■- Dai I zanih <zan) (I) patixsaylha. 

36,2—5: 

Apar Datastan-namak (3) oyon nipist estet ku x\'ah ut duxl ka yut hac xonsandih 
I saxdar tan pat zanih be (4) dahet zanih ne + xvap. Ut ka-s yut hac xonsandih I 
sardaran frepend" (5) ut nayend but ke guft ku-s datastan dahisn be pat kanak rte 
dahend* (Ms.: YHSNWnd = darend). 

Ka man zan ke sardar I pat namEist ut sturih I kas nest gayet (7) ut pat an gat 
frazand zayet ut an zan xvastak 67on nest ku-s xveS tan (8) ut frazand daStan tuvan 'by 
mart an frazand ta pumay bavet ut an zan ta an frazand (9) purnay bavet pat 
pan-ari§n ut xvarisn ut visiarg darisn. 



* The (ahjcitl) ordiruil-nuinhcr 30 is piii-ed between lines 1 and 2 above the heading or 
this chapter. 



100 



TR'LNSL-iTION- 



35, y — 17: 

If he has made (ihc following) disposition: "these religious services shall be 
performed in the month Fravnrtln for the soul of Farraxv and in the month TTr — for 
the soul of Mihrcn, on the fruits (=revenue) and accretion (or 'profit' — A. P) from 
tiiis diing, let them also perform the service every year on the anniversary of mv death 
insofar as this is possible". If the profit is insufficient to perform the liturgy for him in 
full, then, If the. one entrusted with this performance fulfills it (evidently drawing 
additional funds from his own means — -.4. P.), it shall (be reckoned to him) as an act 
of gTeat (religious) virtue. This case is identical with the one in which he sets out this 
disposition: "in the month Aiur, let him perform for my soul the llsprnr ritual on the 
day Ohrmizd, the Yasna ritual on the day Vahman, and the Droit ritual on the dav 
ArtvahiSt". And if it is impossible (for lack of funds — A. P.) to perform the Yasna 
and Dron rituals after the Visprat, then — under the pretext that he will (thereby) de- 
fault from the subsequent statement and injunction (/. e. from the disposition regard- 
ing the performance of the Yasna and Dron rituals — .4. P.) — (he) must not omit the 
Vtsprat ritual. And the performance by a man at (his own) expense of the service for 
the soul of (another) person is equivalent to his expenditure of funds and performance 
(of the service) for (the benefit of) his own soul. 

35, 17—36, 1: 

If he declares (the following) disposition: "on the day Ohrmizd. let him perform 
the.4Ifor (ritual) of gratification (with invocations) of the Lord Ohrmizd, and on the 
day SroS — the ritual of gratification (with invocations) of Sros", then, in case (only) 
one (ritual) can be performed, the Astat (ritual) must be performed. 



XXX * 
36,2: 
Chapter concerning a wife with full-rights [paiixsdylha). 

36, 2—5: 

i 

It is written thus in the Datastdn-namak: if a sister or ("and") a daughter enters 
into a marriage (lit. "gives herself/ her body in marriage") without the permission of 
her guardian, then (this) marriage is invalid ("not good"). And if she (=the sister or 
daughter) is seduced and taken away against the will of her guardian, then, as has 
been said by some (authorities), (she) should be granted a legal trial; this is not 
granted, however, according to the norms of procedure. 

36, 6—9: 

If a man enters into sexual intercourse (or "'commits adultery") with a woman 
who has no definite guardian and who is no one's stftr, and if a child is born from this 
intercourse but the woman does not have sufficient property to support herself and the 
child; then this man must support the child untill his majority and the woman — 
until the child reaches his majority. 



101 



A a iu: riixr 



3f.. ( J — 1 2 : 

ZurvandDt i Yuvan-Yam (10) gufl ku ka man 6 duxl i xvcS go|ict kii Sav ul siiinh 
i vahman kas (11) kun duxl palixsay ka ne kunet cc cn-it oyon bavcl ciyon ka-s go[3ct 
(12) ku Sav ul zanih I vahman marl kun ui ka nc kunet paiixSay. 

36, 12—16; 

Ut apak am guft (13) ku mart duxt I xvc$ pat akamakomandih 1 an duxl pal 
sliirlh be dal palixsay (14) ul pal zanih be dal nc paiixSay. Ul pal sturih el ra5 be 
patixsay dal cc-s (15) vinclisn pal pit csict ut pat zanih ci rfi6 ne patixsay cc duxl gal 
pat (16) xvat cslci nikcritan. 

36, 16—17: 

Ut xvesih 1 duxt (pal) gat (ra5) apak ani nipist ku (ka) zan (17) ut duxl i 
patixSaylha I pat vindiSn palixsay gat ut tavan pit ut soy ut zahm tavan * 

37, 1—2** : 

... (1) arzlh and ka handarz 5 vidranj/nidranj (? Ms.: Kp 3 !) dahet an i freh ah- 
^ravdat ut ka yultar hame(v) (2) freh arz be dahisn. 

37,2—10: 

K.a soy 5 zan gofiet ku guharen kun zan (3) guharen (!) rast patixSay kart ut ka 
soy ne gufl eslet pat 4 bahr-ev bahr pal (4) soy nirmatiar patixsay kartan ut ka freh kol 
pat 4 bahr ev bahr hac ves pal an 1 hac ves (5) duz ce guharen eton patixsay kartaa ka 
freh ku 4 evak hac ves nest ut ziyanak (6) apac ne patixsay estai. Ul an ke guharen 
apak hame(v) kunet (andar) 3 sapak apac patixsay (7) estat (I) paytak ku ka mart 1 o 
kas 1 gopei ku guharen kun an ke avi-s go[5et (S) guharen (I) rast patixsay kartan "tit 
andai-i£ 3 sapak apac ne palixsay estat. Ut en-ic ku (9) an ke 6y kas pat guharen kar- 
tan patixsay kunet andar 3 sapak patixsay (apac) estai (10) oh apayet uskar;an. 



xxxin*** 

37, 11: 

Dar I grajJakamh. 



* The text of the article breaks offal this point. 
**This is the end of an article whose first part was to be found on one of the mis sLng 
folios. 

*** The (ahjacl) ordinal-number 33 is placed above the heading of this chapter. 



102 



TRANSLATION 



36, 9—12: 

Zurvandat i Yuvnn-Yam has said that if a man declares to his daughter; "go and 
become the stur of such-and-such a rnanP, the daughter is entitled not to become (the 
stur of the designated person) bacause this is identical with his saying: "go and be- 
come the wife of such-and-such a man!* 1 . And she is entitled not to carry out (this 
order). 

36, 12—16: 

In addition it is said that a man is entitled to give his daughter as a stur against 
her will, but he is not entitled (to give her) as a wife. He is entitled to give her as a 
stur on the basis that her income belongs to her father, but he is not entided to give 
her as a wife because (the decision regarding) sexual intercourse belongs to the 
daughter. (This is) to be noted. 

36, 16—17: 

And in addition to other (opinions), this is (also) written (regarding the right) of 
a daughter (to decide) independently (the question) of sexual intercourse: (if) a wife 
or ("and") daughter of a patixSayfh marriage (and who is) endowed with (a personal) 
income has entered into (unlawful) sexual intercourse (=has committed adultery), 
(then) the father or husband (must be paid?) a fine, but the fine for violence...*. 

37, 1—2 ** 

37, 2—10: I 

If a husband says to his wife: "exchange (this thing)!", then the wife is entided to 
make an equivalent exchange. But if the husband does not say this (;'. e. did not em- 
power her to make the exchange — .4. P.), then she is entitled to make an exchange 
with one-quarter (ad valorem) profit to her hasband. But if the profit exceeds one- 
quarter (ad valorem) of the tiling, then such an excess (above the norm) of one- 
quarter is theft, because exchanges are permitted in such a manner that the profit 
shall not exceed one quarter (ad valorem of the thing exchanged). And the wffe may 
not back out of the exchange (already made). But the one with whom she made the 
exchange may reject it (within a period of) three days. It is known (?) that if one per- 
son declares to another: "exchange!", then the one to whom this declaration is made 
is entitled to make an equivalent exchange, and in such a case, this exchange cannot 
be rejected even within the three day limit. And an investigation must also be made 
whether the person empowering the exchange is entitled to withdraw from the ex- 
change during the three day period (fallowing) the exchange. 



XXX III*** 

37, 11: 

Chapter concerning securities/pledges. 

103 



hi! ID: TEXT 



37, 11 — 13: 

Ka grafiakandar xvasiak i pal 100' pat (12) grap* darct ncm pal 50 pat Farraxv 
pat grap* be nihet ul Farraxv 50 be patigircl f 13) ut xvasLak hac gra[iih be hilct grafilh 
nc visuft bavct. 

37, 13—15: 

Ka grafiakandar zamlc mail (14j Atur grafi girct ut bun-xvc£ mah Tlr apac vetel 
dasLkarih 67611 kunisn ciyon bar(15)-xvcs\ 

.37,15—38,1: 

Ka kart ku-m drahm vicartan ut en xvasiak hac grafi (ut) apa£ vextaii ra6 (16) 
Mihren patixsay kart ui Mihren an xvasiak hac grafllh veEet drahm pat dastaparih 
(17) vicart bavel an I apac aparct an T be vifcart ra5 pat grapih daStan patixsay (1) 
gyake nipiSt ku patixsay kartan pat cis I xveskar. 

38, 1—3: 

Marl ke xvasiak I (2) kasan hac aneran apac xrinet la an I be vicart apac dahend 
pat grafilh daStan (3) patixsay. 

38, 3—6: 

Xvastak I grafiakan ka hac an I ban- sal bar 2 glret pat 6 mah (4) ut ka harv sal 
bar evak giret pat 12 mah ce bar pat I sal evak girisn. Ka (5) Langlh I zamlk ra5 kain 
kunet hat an £ryon zanuk ka-c aper tanuk a5ak-i£ hamak bar £e-s [Ms.: Cis-e(v)] (6} 
bavet pat ev sal ut ka ne bavei ta ap ra5 kam glret pat 2 sal baxsisn. 

38, 7—9: 

Ka Farraxv pat apam statan I xvastak ut grafiakaiuh I xvastak andar Mihren viclx 
Evartet (S) (ut) pas N iihren xvastak xvahet hac Syava(x)s be gufi ku ta ii» viclr apa£ 
dahet (9) patixsay ka drahm ne vicaret. 



104 



TRANSLATION 



37. 1 1 — 13: 

If the pledgee who holds a thing pledged against 100 (drahms) (lent by him), 
gives one half (of the thing) against 50 (drahms) as a security to Farraxv, and Farraxv 
(subsequently) receives 50 (drahms) (from him) and releases the thing (= the half he 
holds) from pledge, the security-contract [26] is not dissolved (thereby). 

37, 13—15: 

If a creditor (= "holder of a pledge'') accepts a plot of land as a pledge in the 
month Arur and the original possessor (of this plot =the debtor — A. P.) is to redeem 
it (= must buy it buck according to the contract) in the month TTr. then the 
(agricultural) work must be done (by the creditor) as it is incumbent upon an usufruc- 
tuary. 

37, 15—38, 1: 

If he makes the following declaration: "I have empowered Mihren to pay money 
and redeem the thing from pledge", and Mihren redeems the thing from pledge by 
paying the money in accordance with the mandate (of that person); (then) he 
(= Mihren) may keep the thing as security against the money he has paid (to redeem 
it). It is written in one place that (the agent — .4. P.) may deal ("act") with it as with a 
pledge object (= as with a thing confirming and guarenteeing a debt obligation on the 
part of the giver of the mandate or the agent's right of regression — .4. P.). 

38, 1—3: 

If a man redeems a tiling belonging to other persons from a non-Zoroastrian, he 
is entitled to hold (this tiling) as a pledge until (the sum) paid (by him) is returned 
to him. 

38,3—6: 

Regarding a plot of land ("thing' 1 ) given as a pledge if (the possessor) collects 
from it two crops per year, then (the term of pledge for such a plot is of) six, months, 
but if he collects one crop per year, then — of twelve months. Because (the pledgee) is 
entitled to receive one crop per year. If (the crop) he collects is small because of lack 
of land or because the soil ("land") in it is very poor, then the entire crop raised on 
that plot in the course of an entire year (shall belong to the pledgee; /'. e. in such a 
case the pledgee is entitled to receive both the yearly crops — A. P.). And if there is 
no (crop that year) including (the case) when the crop collected is small because of 
(lack of) water, (the pledgee) shall be given (the crops of) two years. 

38, 7—9: 

If Farraxv (concludes a written) and sealed contract with Mihren concerning a 
loan and the giving of a pledge, and Mihren subsequently demands the return of the 
loan ("thing"); then, as has been said with a citation from Syava(x)s, until the latter 
(= Mihren) returns the document of the contract, he (= Farraxv) need not pay him the 
money [27]. 



105 



MUD: 77iA7' 



3H, l )~ 1!: 

Ka an kc xvaslak xvcs. gra|S hut gra|iakanlh (10) be duzct ul xvastak 6 ralan 
appar (ul> ral hamcmarlh 3 6y kc xvastak (6 ratlin) xves (11) palixsay karlan ku 
drahm be vitar ul xvaslak apac slan £c man xves. 

38, 11—13: 

Karl xvastak (12) 1-5 pal grab 1 froxl nc patixsay (ul) an bavct ka-s anT-c xvastak 
nesi ce (13) xvaslak I agrafS froxl nc (ul) an i grafiakan froxl palixsay. 

38, 13—17: 

Ka dasukart ul ansahrik. (14) grafi ul xvaslak pal zaman I namcisl dat ra5 ut en-ic 
apak an marl patman kan ku (15) uzll an zaman ka an xvaslak ne vicarl eslel an 
daslkart ul ansahrlk 6y xvastak (16) rao 16 xves ul pes hat zaman ansahrik mirei 
£iYdn Syava<x)s gufi grapakandar (17) palixsay ka xvastak pal xveslh palixsay ka pal 
graplh giret. 

'' 38 ; 17 — 3D, 2: 

Ka daslkart (1) grafi kunet u-s sarv ut cinar (Ms,: £nd'l = candal?) apzayisn ne 
be ..hanbahisn (ul) grafiakandar xves (2) daslkart evkanaklha daiastan elon £iyon 
draxi I baromand. 

" ! 39, 2—5: 

Ka ansahrik (I pat) grafi (3) azat kunei be hakar xvatay anattan enya ansahrlk 
pat gyak azat ut xvastak (4) I grnpakanih" xvatay pat grafiakandar ut hakar ansahrik 
vicart guhank pal ansahrik vicarlsn (5) ul ta drahm vicarend grafiakandar ansahrik 
pat grajMh dasian palixsay. 

39. 5— 9: '* 



Ka ansahrlk (6) pat grafiakan pal kar 6 ani sahr fresiei ul drahm vitaret ta apac: 
apispanan I (7) ansahrik guharlk (I) ansahrik 6 6y (i) apisparisn ke ansahrik xves ka 
grafiakandar (S) nc ansahrlk mai estei zan ut frazand I grafiakandar palixsay ka La 
grafiakandar (9) apfir ayci drahm ne paiiglrcnd (u\) ansahrik ha* darisn ne hilend. 



i i\r. 



TRANSLiTIOM 



38, l J— 11: 

If the possscssor of a thing (deposited as a pledge = the debtor — A. P.) steals it 
from deposit, and the thing is removed (from him and passes) to the rats, then the rat 
is entitled to try the case against the possessor of (this) thing (in the following man- 
ner/according to the following formula): "'pay the money and receive the thing, for 
(at present) it is mine!". 

38, 11—13: 

A man is not entitled to sell a thing which he has hypothecated. This is the case 
even when he has no other property, because it is permissible to sell only an un- 
pledged thing but not a pledged (one). 

38, 13—17: 

If he makes the following agreement with this man regarding the pledging 
(= hypothec) of a dastkart and a slave, and regarding the transfer (= return) of the 
money within a time-limit set (by the contract): "if the money is not paid at the expi- 
ration of this time-limit, this dastkart and slave shall belong to you because of this 
money"; then — if the slave dies before (the expiration of) the stipulated time-limit 

— according to the statement of SyavaxS, the creditor is entitled either to take the 
thing (= the dastkart) into his personal possession or to take it as pledge (presumably 
as an antichresis security — A. P.). 

38, 17—39, 2: 

If he (= debtor) pledges a dastkart which contains cypresses and plane-trees 
(probably not "sandalwood trees"), (then) what belongs to the creditor ("the holder of 
the pledge") is not the growth (or "the shoots"), but that which has fallen (=been cut 
off); for the decision regarding a dastakart taken as a whole is the same as (the one 
regarding a single) fruit-bearing tree {cf. infra 40, 13 — -17). 

39, 2—5: 

If he (= the master) manumits a slave who has been pledged as a security, (then) 
except (in the case when) the master (=the owner of the slave, /'. e., the debtor — 
A. P.) is insolvent, the slave is immediately free, but the master (leaves) the thing [28] 
pledged with the creditor (= pledgee). And if the slave is released, then an equivalent 
(sum) must be paid (to the creditor) in place of the slave. And untill (this) money is 
paid, the creditor ("the pledgee'') is entitled to hold/keep the slave in pledge. 

39, 5—9: 

If (a creditor — A. P.) sends a slave whom he holds as a pledge (= an antichresis 

— A. P.) to work in another town, and (the debtor) pays the money (= settles the 
debt), then a sum equal to the value of the slave must be conveyed to the owner of the 
slave [29] until his return. If the creditor-holder of the pledge has not (returned) but 
the slave has returned, the wife and son (or "children") of the creditor are entitled not 
to accept the money (= the debt returned by the debtor — A. P.) and not to release the 
slave from their possession until the return of the creditor. 



107 



MUD: TEAT 



3V, 9—12: 

Ka xvastak 1 (10} gnipakan kart hamc(vj andar an sal ka bar hambun-it nc 
aparcl 3 sal apa£ 6 pas (11) kunisn ul andar cl sal ka-s bar miyanak a[iarct ziyan i 6y I 
grapakandarbc (12) vi£arisn. 

39, 12 — 40, 1: 

Ka bun-xves drahm kc xvastak pat-is grafi pat zarnan I namtist be (13) dat ra5 
apak an mart palman kunet ayap ka grapakandar drahm xvahel apa£ nc (14) dahct ut 
pas grapakandar andar akasih" ut danisn I bun-xves xvastak grap kunet ul hakar (15) 
evbar* grapakandar xvastak grafi kunet bun-xves" darisn I xvastak (i) xvahet (16) gra- 
pakandar patixsay ka gopel ku drahm xvat vi£ar xvastak xval vet" (17) grapakandar ke 
grafi apaytak bavet an I kalak-xvatay kart guharik ne ut an I datafiar kart (I) guharik 
patixsay xvast. 

40, 1—4: 

Ka mart xvastak-e(v) I-s pat-is grap ha£ grapih be (2) hilet xvastak ra5 £is-i£ ne 
gbpet. But ke guft ku-s xvastak ne hist (3) bavet u-s bozisn en guft ku ka grapakan 
■ kunet bar grapakan kart bavet ut ka (4) agrap kunet bun agrap kart bavet. Ut ka ha£ 
gxapih hilet bar hist bavet. 

40, 5—13: 

Ka Atiirfarnbay hac Mihren apam stanet ut xvastak (I) grapakan (ra5) patrnan 
kunet ku hark-i£ (6) bar I en xvastak ra5 haf to xvahend ra6 xvastak pat graPakanlh 
dastan patixsay (7) heh but ke guft ku ka xvastak be ^£arei hark ut bar ra5 pal gra- 
Pakanlh (S) ne patixsay dastan ce ka-s guft ku hark-iJ (bar) ia5 xvastak I apam dan 
hark ut bar (9) ra5 guft bavet ku pat to grapakan xvastak I apamdan ne patixsay be ka 
stanet (10) &e nazdist apam but ut pas hark ui bar u-s pat hark ut bar pat grapakan 
dastan (1 1) ta an tayak guft ka apam be vicaret. Ut but ke guft ku ka-£ apam apac (12) 
stanet aSak-ic' hark ut bar ra5 pat grapakan dastan patixsay. Ut en-it patixsay ka 
apam (13) ut hark ut bar pat ev yavar apac stanet. 



108 



TRANSLATION 



39. 9— 12: 

[f a plot of land ("a thing") given as a pledge does not bear the slightest crop, 
Uicn after three years it must be returned to die pledger. And in the year that it bears 
an average crop, the loss born by the creditor must be made good ("paid"). 

39. 12 — tO, 1: 

If the owner (/. e, the original possessor of a pledged thing, the debtor — A. P) 
has made an agreement — regarding the return of money (received as a loan) "within 
a stipulated time-limit to the man who holds the thing as a pledge — with that man, 
or if the creditor (="ihc pledgee") demands (the return of the loaned) money and the 
former does not return it. and the creditor subsequently [30] pledges the thing (to an- 
other person) [31] with the knowledge of the owner (=the debtor), and if after the 
creditor has pledged the thing the owner demands the return (lit. "the possession 7 ') of 
this thing; then the creditor is entitled to declare: "pay the money yourself and redeem 
the thing yourself!" A creditor to whom (the value of) the pledge was not (formally) 
declared is entitled to claim an (amount) equivalent not to that declared by the head of 
household but to (the amount) declared by the judge. 

40 ? 1 — k 

If a man (=the creditor — .4. P.) releases a thing which is (pledged to) him and 
says nothing about (this) tiling, the following opinion has been given: that' (in such a 
case), the thing has not been released (from pledge) by him. And this was the decision 
presented ("stated") for this problem: when he (=the debtor — A. P.) pledges a thing, 
then the fruits of the thing (= the revenue brought by the thing) are (also) pledged; but 
when (he) redeems the pledge, then the principal is released; and when he (=the 
creditor — .4. P.) releases the tiling from pledge he (thereby) releases the fruits (= the 
revenue) (as well). 

40 r 5— 13: 

If AturfambaY receives a loan (= "'debt' 1 ) from Mihren and makes the following 
agreement regarding the thing (=the plot of land; vide infra) (conveyed) as a pledge: 
'Vou are likewise entitled to hold the plot as a pledge for (= against) the taxes and 
dues which will be demanded from you for this plot ('thing')"; this opinion Jias been 
given: that when he pays the money (= settles the debt), the latter is not entitled to 
hold the plot ("thing' 1 ) for the taxes and dues, because when he declared: "likewise for 
the taxes and dues", then: "(the thing is conveyed) to you as a pledge" was said at the 
same time as (that which) regarded the taxes and dues on the thing pledged. And he 
(=the debtor who has settled his debt — A. P.) cannot fail to receive the plot ("thing") 
he pledged, because the debt came first and the taxes and dues — later. And he (=the 
authority on whom the author of the Lcnv-Book bases himself — A. P.) has said that a 
plot ("thing") is to be kept as a pledge against taxes and dues until the time that he 
(= the debtor) settles ("pays") the debt. But (some) have spoken as follows: that (the 
creditor — holder of the pledge) is entitled to hold the plot as a pledge for (= against) 
the taxes and dues (which he has paid — A. P.) even after he has received back his 
loan (debt). It is also permissible Tor (the creditor) to receive back immediately the 
debt as well as the taxes and dues (/'. a. a sum equivalent to the loan plus the reim- 
bursement to the creditor of the payments for taxes and dues — A. P.). 



109 



A HID: ILM 



41). H— 17: 

Kli draxl-c(v) grnfl kunci kc bur liasl grapakan'fMJdar cviiC bar .wcS ka-5 bnr 
nc5l hakar ka zancnd ripiic nl- rooci ciyon sarv (15) grapakandar cvac" hanbahisn ut 
hakar ka zancnd apfic idoct ci'/6n Can fir* /candal (Ms.: end 1 !) ul amrav hanbahisn-ic 
( IG) ut afixon xvcs ul la an c ka andar afizon cslcl be xonsnndfh I 6y kc grap kan cnya 
(17) zalan ne patixsfiy u-s apzon-ic i andar graplh vahak ayap guharik sLaniSn. 

40, 17 — 85,2: 

Ka (1) anSahrlk T apustan be frosct ka apuslanlh asnak apustanlh-ic frdxf (2) 
bavet. 

85, 2-^: 

But ke gufl ku ka 50 apam sLancl ut xvastak-e(v) grap kunet (3) harv 1 dralum I 
be vicaret xvastak dralim marlha cand an I apac stanet nivapet ha£ grapih (4) be 
hiliSn. 

85, 4 — 5: 

Ka zamlk-e(v) grap kunct u-s pas xanik andar axezet xamk-ifc (5) gTapakan 
darfisn], 

85, 5 — 6: 

Xvastak pat 2 mart grapakan ka drahm vicaret darisn I xvastak (6) hac harv Ice 
kamei patixsay xvast. 

41, 1—2:* 

[ ] nipeset a5ak-is ne sayet ut ka katak-xvatay kart ku 6 (2) an I sazaktax 

ne (?) [ ] datastan kanai-ahn. 

41,2—5: ' f 



Ka Fairaxv siur gumarisn (ut) Mihrf n andar (3) dutak I Pusak I ha£ pus I Fa_r- 
raxv mat esiet ut Vasal; hac pnivand I 6 Farrow pat duxldauh (4) ul Zahak fra£ mat 
esiei dur pnrvandtar mil csiend* (uO an v i\ sturih xvahend pat (15) an sturih Mih-rcrt 
sazaktar. 



* Lines 1 and 2 contain the (corrupted) ending of a chapter whose beginning is altogetlier 
missing togedicr with I he preceding Ihlios of die m:muscripl. 



110 



TRANSLATION 



40, 13 — 17; 

tf he (= the debtor) has pledged a fruit-bearing tree, then only the fruit belongs to 
the pledgee (= the creditor). And if the tree bears no fruit, or if it does not grow back 
again after being cut — as for instance the cypress — then only what has been cut off 
(belongs) to the creditor. And if it does grow back again after being cut — as for in- 
stance the plane tree (or ''sandalwood") and the palm — then both what has been cut 
off and the offshoots belong to him (= the creditor). And during the time that it is 
growing, he (=the creditor) is not entitled to cut it unless he has the agreement of the 
pledger. And he (= the creditor to whom the pledger-debtor has not given the permis- 
sion to cut — A. P.) shall receive (from die debtor) the amount (in money) or the 
equivalent for the offshoots pledged as well, 

40, 17 — 85,2: 

When he sells a pregnant female-slave — if the pregnancy is visible — then the 
pregnane is also sold (/. e, die fruit is included in the transaction — -A, P.). 

85, 2 — k 



The following has been said: if he receives a loan of 50 idrahms) and pledges a 
thing, then — with each drahm paid — this thing shall be released from pledge (to 
the degree) corresponding with the number of drahms that he (=the creditor) has re- 
ceived back. 



85,4- 



Lf (anyone) pledges a plot of land and subsequently a spring gushes forth on it, 
then this spring is to be considered as a pledge (=the spring is included in the 
pledge — ,4. P.). 

85, 5—6: 



A thing is held as a pledge by two persons: when (the debtor) pays the money 
(= settles the debt), he can demand the thing (''possession of the thing") from which- 
ever of them he desires. 

41, 1—2* 

41, 2—5: 

If a stur must be appointed for Farraxv, and Mihren — from the family of Pusak 
who is from (= via the line of — A. P.) FarraxVs son — presents himself, (and) Vasak 
— a kinsman of Farraxv on his daughter's side [32], and Zahak — who is a still more 
distant reLative — (likewise) present themselves and request the j/urship; then Mi- 
hren is the most suitable person for the .v/urship under consideration [33]. 



Ill 



MHD: TEXT 



41.5— S: 

Ul Pusanvch ul Vch-Ohrmizd ut-Siyfivaxs hamdatastan bill (6) ka' (Ms.: MNW = 
kc) pal hangosilak frazand I caknr I pus I 6y mart duxtdal gufl ku + pat sturih (7) 
purnay ut yul ha£ purnay apurnay sazaklar ka-£ purnay sturih andar nc apaycl ra5 
go Pet (8) a8ak-i£ apurnayak ut an I hac apurnayak karri sazaktar nc gumarisn. 

41,8—9: 

Martak gun ku slurih-(9)ii nirmat cv ut an I nlrmat oyon darisn ciyon ka 
apurnayak oh apayehbe gumarisn. 

41,9—13: 

Duxt 1(10 bayaspandat ke duxt I pat xvlsrayonlh zat estet sazaktar ka-£ brat pat 
baxt (11) Savet u-s xvah 3 hast ut an! kas nest an I mas stur ut ka pit pat baxt savet u-s" 
duxt (12) 3 hast ut an! kas nest ka an I mas apayet an I mas ut ka ne an ke apatom Soy 
kunet (13) stur. 

41, 13—14: 

Ka duxtdat-e(v) andar xanak* I pit I mat andar apayet bahr I mat pat xveslh ha- 
maSven duxt (14) apar 6 manet ut en ku ka an I mas Soy kunet 5 an I ditlkar raset 
ayap ne uskartan. 

41, 15: 

Ka srur(Ih) I kartak apac 5 bun savet duxt 2 an gyak an I mas oh apayet wast. 

41.. 16 — 42, 1: 

Ka kunet ku-m en xvastak pat sturih paytak kart u-5 duxt 2 hast an ke framan. 
(17) apar ne dat estet pat xveslh pat duxt harr 2 ut an I paytak kart pat sturih duxt I 
(1) mas darisn. 



112 



TRANSLATION 



41,5— S: 

Pusanveh. Vch-OhrmJzd and Syava(x)s were unanimous when they said concern- 
ing the collaterally-related children of a £akar-marriagz of the son of an eplkleros- 
daughter of this man (= the deceased for whom a stur must be appointed — A. P.) that 
the one most suitable for the position of stur (is the one of them who is) of age, and if 
none is of age — a minor. And if (the one existing) who is of age declares: "(1) do not 
need (it)", in such a case also, a minor shall be named, and the one who is less suit- 
able (according to degree of kinship — A. P.) than the minor shall not be appointed 
(as stur). 

41, 8—9: 

Maxtak has said that the ^/urship also (presents /gives) an. advantage, and that 
which (presents /gives) an advantage is to be received as though it were needed for 
the minor (=as though the declaration: "I need it" had been made regarding the 
sturship — A. P.), (and he) should be appointed (cf. supra, 41, 5 — 8 and 19, 15 — 16). 

41,9—13: 

(As regards) a daughter born from a bayaspan-marriage — /. e. a daughter (lit. 
"one who is a daughter") born from the xvasraydmh-msxn&gz (of her parents — 
A. P.) — if her brother who has three sisters and no one else dies, the one most suited 
(to assume his sturship) is the eldest sister. And if the father who has three daughters 
and no one else dies, then (it shall be) the eldest if she consents ("needs it"); and if 
not, (then) the one (of these daughters) who marries last shall become his stur. 

41, 13—14: 

If a successor-heir by way of an epikleros is required in the family ("in the 
house") of the mother's father, then the inheritance-share of the mother comes en- 
tirely to her daughter [34], It is also necessary to note (or "investigate") whether it 
(= the inheritance) goes to a second daughter if the elder (daughter) marries [35]. 

41, 15: 

If an instituted sturship returns to the family of the one who instituted it (/. e. if 
the stur whom he designated dies or is unable to give him a successor — A, P.), and 
there are two daughters in that family: then the elder shall be called (to the sturship). 

41, 16 — 12, 1: 

If he declares the following: "I have declared this thing conveyed for sturship", 
and he has two daughters, (then) thai (part of the estate) regarding which he made no 
disposition passes as persona! inheritance-shares (= ''daughter's" shares) to both 
daughters, but that (estate) regarding (whose transfer for sturship) he made the decla- 
ration, shall go to the elder daughter on the basis of a slur's possession. [Repeated in 
44, 16—45, 1; cf also 45, I— T, —A. R\. 



113 



KfllD: TEXT 



42. 1—5. 

K;i mart [pus i patigriflnk hasi ul xvaslak p;il slunli dahct 6 pus i p;nigri|(2)fi;ik 
nc rascl nc-t gumarisji. Vayayar [nipist ku ka pus i pntignfjlak pal (3) dat mas ku an i 
palixsayiha pal sturih pus i paligriftak gumarisn ul ka pil i (4) palixsayiha xvaslak pat 
sturih paytak kuncl pus I-s pat pusakanih be dat (5) csic! pat an xvaslak pat sturih oh 
gumarisn. 

42, 5—9: 

Andar dutak-zal pat kan(ak) gufl (G) csicl ku pal slurlh (!) pit nc gumarisn. 
Vayayar guft ku oh apayet gumartan ul pal (7) Artaxsahr-xvarrch oh gumarend ul 
pat-ic Daraflkart oh gumarend ul Marlak Pusanvch-ic hamdataslan (8) but hend ku- 
San oh gumarlan ul datastan bral-ic oh apayet gumartan ut datastan (9) xvah-i£ oh 
apayet gumarlan. 

42,9—14: 

Ral-Ohrmizd giift ku daiastan duxl yultar nest ku (30) pus I paiigrifiak ce an-ic 
pat zanih paiigrifi i mat riio ul ka-s daiastan duxt-is hast pus-ic" i (11) paiigrifiak pat 
past bavet. U-s en-ic guft ku daiastan duxt ka-s oh apayei (12) xvast ne en ku-s apar 
manet (ut) pas pus I cakar sazaktar ut Vayayar harndatastan ne but (13) u-s en-i£ pat 
bozisn guft ku hakar datastan duxl kas-icf (Ms.: MND'Mc = ciS-ic) nest pas stur £im 
apayet gumartan (14) ke" (Ms.: 'NTT = ka) an oh zayef hame(v) datastan pas ut 
hame(v) datastan duxt hend. 

42, 14—15: 

Ka dutak-zai kaiak-xTainy(15)Iho valaSpatvand ut taxmak apar nc manei. 

42 ; 15—17: 

Gyake nipist ku pal stunh ut sardarih (16) daiastan brat hac brat ut pus ut du-xt 3 
. andar dmaki brat zai estend hac an I aparik braiaran sazak(17)tar~ ut datastan yuttar 
nest. 



114 



TRANSL.4TI0N 



42, 1—5: 

If a man has [an adopted son, and (that man) conveys a thing for jnirship 
(= institutes a jrurship for himself — A. P.), then it (=the tfurship)] does not pass (by 
transmission — A. P.) [to Lhc adopted son] and he should likewise not be appointed. 
(However), Vayayar [lias written that if the adopted son] is older than the son from a 
patixsayih-marriage, then the adopted son should be appointed. And if the father by 
blood declares die transfer of a thing for .rtwrslup, then the son given by him for 
adoption to (another person) must be appointed stur (for his own blood-father — 
A. P.) with (the transfer) of this thing (to him) as a. stur (possession). 

42, 5—9: 

In procedural regulations it is said regarding one '"bom in/into a family"': that he 
shall not be appointed as stur for the (late) father (of the family). (But) Vayayar has 
said that he shall be appointed, and he is (so) appointed in (the province of) Ar- 
taxSahr-Xvarreh, and he is appointed in (the city of) Darapkart. Martak and Pusanveh 
were in agreement that they (= those "born in/into a family") should be appointed. 
And likewise the "legal" brother (="the brother according to law"' of the deceased — 
A. P.) shall be appointed (as stilr), and the ''legor sister (="the sister according to 
law 1 ') shall be appointed. 

42, 9—14: 

Rat-Ohrrnizd has said that (the case of) a 'Vega/" daughter (="a daughter ac- 
cording to law") does not differ from that of an adopted son, for she too (is : suitable 
for the 5-;z7rship? — A. P.) as the result of her mother's having been taken into (a 
patixSayih) marriage. And if he has a ''legaP' daughter, then the adopted son is also 
included in the agreement (?). And he has also said the following: if it is indispensa- 
ble to call the "legaf daughter (to assume the jrwrship for her father — .4. P.), (then) 
this is not (the case) where they inherit from him. And after (her), the most suitable 
are a son/daughter from a Cakar marriage. Vayayar, however, did not agTee with this. 
And he also said this regarding the solution (of this problem): if there is neither a 
"tegaC daughter (in the family) nor another person, then a stur must be appointed, 
and all those bom from her/him (=the appointed stur) shall be "legal" sons and 
"legaC daughters (of the late head of household — A. P.). 



42, U — 15: 

The one "born into/in a family" docs not inherit the dignities (lit. "the height; 
the high position") of the head of household, (or his) kinships and succession through 
kinship ("clan, family"). 

42, 15—17: 

It is written in one place that a "IcgnC brother (= a "brother according to law" — 
A. P.) \s more suitable for the position of stur or guardian than a brother (by blood), 
and the son and daughter born into the family (of a "legaT) brother (are more suit- 
able) than the children of other brothers. And there is no other decision. 



115 



MflD: TEXT 



42, 17 — 13, I; 

(Hat) PcSakscr gojicnd ku clfilasiTin brat ka-5fm y^hakih/zayfikih hn£ cl gyak CU 
pat uskariSn ku cvak anclar dil sTtycnd. 

43, 1—4: 

Zan I pat sturlh sazaklar kn-s (2) 6 xvahisn kart bahr ul pasadatakan be dat 
patixSay ut ka an (i) kam sazaklar xvahct (3) be hiSl patixsay ul ka pal axonsandTlV I 
6y an I kem saiakiar 6 xvahisn kart (4) a oak nc gumarisn ut an I sazaktar xvalict 
a5ak-i£ an (I) sazaklar gumarisn. 

43,4 — 6: 

Ka brat (5) sturih has 6 xvahiSn kart ku xvah pat an sturlh xvah ne be brat 
gumarisn (6) Pusanveh-i£ I Azatmartan hamgonak guft. 

43,6—8: 

Ka brat sturlh andar xvahisn dast xvah (7) rao en nipisl estet ku patixsay kas zan 
gumaret pat xvap dastan (ul) pursisn I (S) hac xvah kar nest. 

43,8—11: 

Ka mart pat baxt savet u-s xvastak 60 nest ut mat" xvah (9) ut brat hast ut mat 
pat dutak I kas stur ut xvah kas zan an xvastak 6 brat ut apak-ic an (10) ku zan ke soy 
hast pat sturTh pat sazak ut an I stur pat asazak darend p.as-ic (11)6 xvah ne be pat 
xveslh 6 brat raset. 

43, 11—13: 

Xvastak I pat dutak ke stur (12) gumarisn arz 1 sahr rao hac 60 apac arz ka pes' 
hac" an e ka stur gumarend (13) apac arz stur ne gumarisn. Ut hakar pas (apa£) arz 
sturih vuttar be ne bavet. * 



116 



TRANSLATION 



42. 17 13, 1; 

It is said, on the basis of PcSakser's (authority), that an investigation must be 
made regarding a "legaT* brother (="a brother according to law'") (to find out) 
whether they are born in the same family ("place 1 ') and whether they axe suitable for 
each other. 

43, t—t: 

If a (married) woman who is the one most suitable (for the assumption of the 
..v/i/rship for her kinsman — A. P.) has made a request (=has requested the jrurship), 
he (= her husband — A. P.) is entitled to transfer her share (=her daughter's share in 
her father's estate which she brought as a dowry — A. P.) to her, as well as the para- 
phernalia. And if that (married woman) who is least suitable requests (the ^rurship), 
he (= her husband) is entitled to divorce (her). And if she requests (this) in the face of 
his opposition, she should not be appointed. (But) if the one who is most suitable 
makes the request (in the face of her husband's opposition — .4. P.), then even in such 
a case, the one most suitable shall be appointed. 

43,4 — 6: 

If a brother requested (= "declared a request for"') the ^rwrship earlier than his 
sister, then the brother and not the sister shall be appointed to this srursnip. And 
Pusanveh I Azatmartan has said the same. 

43, 6— S: 

If a brother has been attributed ("has had") the requested jrwrship, the following 
has been written regarding the sister: a man may appoint his wife (as stur), this is to 
be considered lawful (and) a demand coming from a sister is devoid offeree. 

43,8—11: 

If a man dies and he does not have a thing (valued at) 60 (setters) and he has a 
mother, a sister and a brother, (and moreover) his mother is a stur in the family of 
another person and his sister is married to someone; (then) the thing (=his estate — 
.4. P.) (goes) to his brother. And it is also (written) that a woman who has a husband 
is to be considered suitable to become a stur, whereas one who is the stur (of another 
person) — is unsuitable. And furthermore: the inheritance does not pass as a personal 
share to the sister but to the brother. 

43, 11—13: 

(The value) of the estate belonging to a family for which a stur must be ap- 
pointed becomes (less than 60 satcrs) as the result of a conjunction of prices in the 
sahr: if the price fell before the time of appointment of the stur, then the stur should 
not be appointed. But if the fall in value occurred subsequently, it has no effect on the 
sturship. 



117 



MUD: TEXT 



43, 13 — 10: 

Ka katak-bfmuk (pat) (Mj be vttirisiuli slfirili be dulicl haknr by on nipisl ku-in 
frac hat man dai but ke guft f j5j ku p;ii en Cim tc pal an zamnn hamc(v) dnhct ka 
dalafiaran slur gumfjrisn nc xvnp ul ka kart (16) ku-m pat be vilirisnfh dal pat xvnp 
daStan. 

43, 16 — 44.2: 

Ka slur i karlak sturlh be d (17) apurnayak I xves dahet ut apurnavak andar 
apurnayakih pal baxl savel yuliar ne bavel ciyon ka-s CO ^an apar karl he ka-£ zan 
apar kunel cton uskarisn ku cton bavel (2) ciyon an-i£ I gumartak. 

44, 2—3: 

Sturlh ka xvesavandan hend ul ne xvahend adehlk ciyon (3) ha£ Datastan-namak 
Tpat Gurgan kanak sahist ku pa\nnk oh gumarisn. 

44, 3—6: 

Ka mart (4) xvastak pal sturih I xves zan i paiixsaylha I xves dast ra5 ur_ en-i£ 
framan (5) dahet ku kas pat ziyanak ul an xvastak sardarih patixsaylha ma hep""" bavet 
ziyanak (6) pat pesemarlh ut pascmarlh I (h)er I an sturih sardar andar ne apayet. 

44, 6—8: 

Mart ka-s (7) be zan ayap an I anerih daret ayap-is be apurnayak I 6 aydenlh 
savet anl frazand (S) nest slur oh gumarisn. 

44, 8—12: 

Ka man be duxt 2 anl kas nesi xvastak ut xan pat bahi (9) ul xveslh 6 duxt I rnas 
dahet (ut) anandarz mirct but ke guft ku duxt I mas (10) bahr I duxtlh ra5 ba-ru pat 
sturih kem apar ne manet ut yuttar ne bavel ciyon (11) ka-s naxvisl bahf I duxtlh dat 
Ut pas pat zaruh kart bahr Izanlh kem (12") ne rasst. Ut but ke guft ku (ka) ba-hx-i£ I 
sturih duxtlh ra6 harne(v) raset. 



118 



TRANSLATION 



43, 13—16: 

If the mistress of the house transfers the .yft/rship (to another person) (in case of) 
her death, then — if she has written this: "I have transferred (the jrurship) after my 
death ('after myself')" — the opinion has been given that: inasmuch as she is trans- 
ferring (the j/urship) at the lime that a stftr must be appointed by the judges, this is 
unlawful (= invalid), [f. however, she uses the following formula: "in case of my 
death. I have transferred", then (a transfer formulated in this manner) is to be consid- 
ered lawful [36]. 

43, 16 — 14, 2: 

If an instituted stur (= one instituted by the deceased himself during his lifetime 
— A. P.) transfers the stilrshlp to his minor (son /daughter) and the minor dies before 
coming of age, then (the decision in such a case) does not differ from the one when he 
proclaims /designates his wife as stur; and if he transfers the j/urship to his wife, at- 
tention must be paid that (this matter) take place as in the case of an appointed stur 
(= a stur '"by appointment"). 

44,2—3: 

Lf — (although) they are kinsmen — they do not wish (to accept) the srw/'ship 
(or: "they do not claim the •S7i7rship -, ) I (then), as follows from the Ddtastan-namak, a 
fellow-citizen ("one belonging to the same community"; cf. infra "Glossary' s. v. 
ddehlk — .4. P.) must be appointed (as stur) in accordance with the procedural norms 
operative in Gurgan (= Hyrcania). 

44, 3 — 6: 

Lf a man makes a disposition of a thing intended as a foundation for his j/wrship 
to his wife from a patix5aylh-marria'2,t and he likewise orders the following: "let no 
one be entitled to be the guardian (of) this woman (=wife) and to hold the guardian- 
ship over this thing!", then the woman does not need a guardian to participate — as 
plaintiff or respondent — in a suit relating to the estate of this j^rship. 

44,6—8: 

If a man has no wife, or if his wife does not belong to the Zoroastrian faith, or if 
he has no children other than a minor son who has convened to a non-Zoroastrian 
faith, a stur must be appointed for him. 

44,8—12: 

Lf a man has no one besides two daughters, (and) he transfers ("gives" by trans- 
fer — A. P.) a house and homestead to his elder daughter as her personal share of the 
inheritance, and dies without leaving a will; then, as has been stated by some 
(authorities J, the elder daughter shall receive the share for (her father's) sturship as 
well, despite the daughtcr's-shnrc (she has already received). And this case is identical 
with the one where (the father) first transfers a daughter's share (to his daughter) and 
then marries her: a wife's share (= the share received by a wife after her husband's 
death — A. P.) shall still go to her. And some have said that the share (alloted) for the 
sturship (of her father) shall also go lo her inasmuch as she is his daughter. 



i t n 



MHD: TEXT 



44, 13—14: 

Duxi ha-s xan ku net bahr i '/.'anih nc duxlih rfio hnmc(v) rasct u-s aparik (14) 
xvastak apar nc manci. 

44, 14 — 16; 

Ut apar Datasian-namak 67611 nipisi ku (ka) duxl I mas slur (15) (ul) xvastak I 
ka katak-xvatay pal baxl savct pal kaiak-xvatay csial 6 duxt 1 kas (16) rasct. 

44, 16— 45, 1: 

Ka goflet ku-m en xvastak pat sturih paytak kart u-s duxt (I) (17) 2 hast an Ice 
framan apar ne dat estet pat xvesih pal duxi harv 2 ut an I paytak (1) kart pat srurih 
(6) duxl I mas danism 

45, 1—6: 

Ut Vayayar-ic hamgonak gyake (2) nipist ku ka pit xvastak 60 pat stunh paytak 
kunet ut pat dastan 6 (3) kas nc dahet u-s duxl 2 T ut anl-c xvastak hast an 60 pat 
sturih. 6 duxt I (4) mas ut aparik pat xvesih nem 6 an duxl ut nem 6 an duxt raset ce 
pit xvastak (5) pat srurih an and paytakenlt duxt xvastak andar 6 xvesih + (Ms.: strurih) 
ne baret ce pat (6) an and xvastak. stur(Ih). 

45. 6— S: 

Ka gopct ku-m en xvastak pat sturih 6 ziyanak (7) ayap 6 merak dat ka eton. dat I 
...pat namcist .paytak. ne kan katak-xvatay (S) ml ret xvastak 6 ziyanak rasat^ce pat dutak 
eton nlrmatiar. 



120 



T&WSL4TI0N 



44, 13—14: 

If he marries (his) daughter, Lhcn (in the case of his death ah intestato — A. P,)„ 
she shall receive (as inheritance) a wife's share (and) not (the share alloted) to a 
daughter. And she does not inherit the rest of the estate. 



44, 14—16: 

And it is written thus in the Datastan-namak: ; '(if) the elder daughter is a stur 
(for another person — A. P), the estate belonging to the head of household at the time 
of lus death shall go to the younger daughter". 



44, 16 — 15, 1: 

If he declares: "I have declared this tiling (conveyed) for s/urship", and he has 
two daughters; (then) that (part of his estate) regarding which he made no disposition 
(shall pass) as personal inheritance-shares to both daughters, but that (estate) regard- 
ing (whose transfer for sn/z-ship) he made the declaration shall go to the elder daugh- 
ter on the basis of a stiir's possesion. [A repetition of 41, 16 — VI, 1; cf. 45, 
1—6. —A. P.]. 



45, 1—6: 

And Vayayar has also written in one place in the same manner that if a father 
declares the transfer for sturship of a thing (valued at) 60 (saters) without transfer- 
ring it to the guardianship of anyone (= without designating a sttlr — A. P.), and he 
has two daughters and also other properties; (then) this (thing valued at) 60 (saters) 
shall go to the elder daughter as a stiir's (possession) and the remainder (of his estate) 
(shall go) as personal inheritance-shares: half to this one (=the elder daughter), half 
to that one (= the younger), because a daughter does not acquire ("lake away* 1 ) as her 
personal inheritance-share that portion ("that much") of her father's estate which the 
father declared (transferred for jr/w-ship) because that portion of the estate is a stiir's 
possession. 



45, 6—8: 



If he declares: "I have transferred this thing as a stiir's possesion ('for sturship 7 ) 
to a woman/wife or to a man", then upon the declaration of the transfer (for sturship) 
without precise indication (specifically to whom), after the death of the head of 
household the thing shall pass (as a slilr's possession) to the woman /wife, since this 
is more advantageous for the family. 



121 



MUD: TEXT 



45, H — 17: 

Ka marl (9) xvasiak pal slurih pnylfik kart u-s duxi nc pus I paiixsTtyihfi hasl ul 
an xvasiak (10) kas dasian nio franifm nc dat (ul) pus ul apfirik nnbanazdisi pal en ku 
ka 6y marl (11) xvastak pal stunh 6 man dai he man nc kari la an slurih paiixsay but 
he (12) marl an siurlh yui hac frmnan I kaiak-xvaUiy pal rah I nabanazdiSUh kunisn 
cnya ne (13) kart paiixsay hend an siurlh nc kunend, Bui kc gull ku frazand ul 
nabanazdisi 1 (14) an marl 1 andar an c ka-s an xvasiak paytak kart ul el cc pas hac an 
but hend (15) nc paiixsay hend be ka (sardarih) kunend ul yutlar nc bavci ciyon ka 
alaxs nisanet ayap (16) xvasiak nivan rfio paylak kuncl ul pus ul aparik nabanazdisi 
ncpatixSay hend be ka-s (17) sardarih kunend. 

45, 17—46, 2: 

Ul ka man-c(v) xvasiak pal slurih 6 kaiak-xvalay dahel katak-xvaiay (1) be 
paliglrel (6y ul pus) i paiixsayihn I kaiak-xvaiay pas hac an naxvisi zayet ka datast.an 
67on (I) (2) pal an siurlh andar apnyci an siurlh nc paiixsay be ka (sardarih) kunend. 

" 46,2 — 1: 

Ka alaxs pal (3) stiirih nisanci ul (6) alaxs vizand I pal sazisn rasel bybn sahel ku 
peS-ic (4) hac apac nisast I alaxs slur ne gumarisn. 

46, 4—9: 

"Vayayar nipisi ku ka man xvasiak (5) 60" ra5 kart ku-m harv 2 sal sal I nazdisi 
slurih ul sal I diiikar ruvnn ra5 paylak (6) kan ui an xvasiak: kas dasian ra5 framan ne 
dai murt u-s pus 1 ul duxi 1 (7) hasi ul ani kas nesl pal an xvasiak fraiom duxi pal 
slurih be gumarisn ul harv (S) 2 sal I nazdisi pal slurih duxi ul sal I dillkai;pat ruvan 
pus darisii ui duxt hamc(v) (9) siurlh ul duiak ut an xvastak sardar pus. 



1 99 



m-WSLATTON 



45.8—17: 

If a mail has declared the transfer of a thing for jrrurship, and (if) he has no 
daughter but he has a son from n pa/u^ayf/f-rnarriage, and if no disposition was made 
by him regarding the transfer of this thing to the (slur's) possession of a specific per- 
son; then — unless there is a disposition from the head of household (to the effect 
that) it shall be exercised in agnatic line — neither the son nor any other agnate, no 
one of them — is entitled to exercise this sturship on the strength of the following 
declaration made by him: "even (if) this man had transferred this thing to me for 
jrrurship, I would not have become (his) stur until (the acceptance of — A. P.) the 
■vrurship had become lawful", and they shall not exercise this jfurship. And (the 
authorities) have stated (this opinion): that the son and nearest agnates of this man — 
both those whom he had at the time of the declaration (=the institution of the srtfrship 

— A. P) and those who appeared subsequently — are not entitled (to receive this 
rturship — .4. P.) unless they fulfill (the obligations of guardian over the disposer's 
family — -A. P.). And this is equivalent to (the case where) someone sets up a Fire- 
altar or declares the transfer of a thing (as a foundation) "for the soul", and neither 
the son nor any of the nearest agnates of this person is entitled (to become its trustee 

— A. P.) unless they act as ("are"') guardians (of the endower's family — .4. P.). 

45, 17 — 16, 2: 

If a man transfers a thing for .srurship to a head of household (and) the head of 
household accepts, (then he and) the first (son) born thereafter to the head of house- 
hold from a patixiayih -marriage are not entitled (to exercise) this s/wrship — (even) 
if the decision regarding the acceptance of this jrurship was "it es needed" — unless 
they fulfill the obligations (of guardian over the family of the person who instituted 
the sturship — .4. P.). 

46. 2 — k 

If (anyone) sets up a Fire on a _vr/7rsliip (=on the endowment set up for a sturship 

— .4. P.) and destructive damage is wrought to (this) Fire, then (the matter) stands 
thus: no stur shall be appointed until the Fire (altar of temple) is rebuilt (= reinstated). 

46. 



Vayayar has written that if a man declares the following regarding a thing 
(valued at) 60 (saters): "1 have declared (this thing transferred) every two years: in 
year one — for jr/rirship, in year two — as a foundation 'for the soul'", and he dies 
without having given instructions regarding the transfer of the rights of possession/ 
the trust of this thing to anyone, and he has a son and a daughter and no one else; 
then the daughter must first be appointed stur as regards this thing. And (in the 
course of) every two subsequent) years: (in) the first (''nearest") year — the daughter 
shall hold it as a slur's possession, and (in) the following year — (this thing) shall be 
in the possession (= under the trust) of the son as a foundation "for the soul". And the 
daughter always (acts as) stur and the son as guardian of the family and trustee over 
this thing. 



123 



A///D: TEXT 



4C, ( J— 12: 

U-s cn-ic gufi ku ka kart kii-m.cn xvastak (10) harv 2 snl cv sat pal slurih dfisian 
(dastan) 6 Mihren dal u-s 7J\n ut frazand (11) ut ani xvastak ncsi siur-c(v) pat ham 
xvaslak be gumarisn ut harv 2 sal cv" 1 sal stur(ih) (i) (12) gumanak ul cv* sfil slur I 
karlak darisn. 

46, 12— 14: 

Apak an I-s gyake nipisl ku ka kunct (13) ku-m ha£ 10 sal frac en xvaslak pal 
sturih 6 16 dat a -5 la 10 sal slurih pat(14)Irancnct nikcritan. 

46, 14 — 15: 

Gyake nipist ku pat zan hamdatastan but hend ku tan (15) stur ut zenlk slur harv 
(oh) 2 oh bavet 

46, 15—17: 

Ka kunet ku-m en xvastak pat smrih (16) dastan 6 3 man dat hasi ke oyon 
gofiend* ku sayet ce avesan han' 3 (17) marl hamdatastan bavisn. 

46, 17: 

(Ut) mart-e(v) ut zan-e(v) 6 dutak-niyisn ka hamdatastan ne bavend...* 

47, 1—2: 

...] (1) tit mlrend hast ke pus hast ke [duxi I mas hast ke] duxl I pas zat ce pat 
butakih (2) 6 duxt I pas zat raset **. 

47, 2 — 4: 

Ka Mihren xvastak 60 harv 2 sal ev + (3) sal pat xvesih 6 Farraxv djfljei Farraxrv 
ut Mihren harv do anandarz pat baxt sayend (4) u-san zan ut frazand ut aru xvastai. 
nest har\ - 2 stui Etimarisn. 



47. 4—7: 

Ul ka pat an aSvenak (5) kart esiei ul Farraxv ul Mihren harv 2 zivandak bead 
Mihren apak Farraxv' en ra5cnisn (6) ne baveh ku baxtik ul balir I man namclstlktar 
paytak kun but ke guft ku (7) oyon bavet tiyon xvastak 60 i pat 2 mart xves. 



* The article breaks oft' here. 
** Tills is the end of an article whose beginning has not been presen'ed. 



124 



TR-iNSUTIOX 



46.9—12: 

And lie (= Vayayar) lias also said this: if he has made die following declaration: 
"I have conveyed this thing as a stur's possession to Miliren for one year out of every 
two", and he has neither a wife, nor any other property; then one (additional) stur 
shall be appointed for this thing. And in every two year (span), (this thing) shall be: 
one year — in the possession of the appointed stur (= the one appointed by a judge or 
by the agnatic group of the deceased — A. P.), and (the other) year — in (that) of the 
instituted stur (= the one instituted by the deceased himself. /. e. Mihren — .4. P.). 

46. 12—14: 

In addition he (= Vayayar) has written in one place that if (someone) makes (the 
following) declaration: "after the passage often years this hing is conveyed by me to 
you as a stur's possession ( l for stur ship 1 )", then care must be taken that (or; "it must 
be looked into whether" — .4. P.) until the ten years have elapsed, the stur's posses- 
sion is kept by him (= is preserved by the institutor of the sturship — .4. P.). 

46, 14—15: 

It is written in one place that all were in agreement as regards a wife: she can 
become both a tan stur and a zenikldemk stur {cf. infra 48. 10 — 12; see Glossary. 
s. v. stur). 

46, 15—17; 

If he declares the following: "I have given this thing as a stur's possession to 
three persons", (then) some say that (this) is possible inasmuch as all three persons 
are in agreement (with it). 

46, 17: 

If a husband and wife disagree over (questions regarding) the management of the 
familv...* 



47, i_2 



** 



47, 2— 4: 

If Mihren conveys a thing (valued at) 60 (saters) to Farraxv as his personal in- 
heritance-share for one year out of every two, (and if) both Farraxv and Mihren die 
without leaving a will and without having a wife or children or any other estate, a stur 
shall be appointed for both (= for each one of them). 

47, 4—7; 

If the disposition is formulated in this manner (cf supra 47, 2 — 4), and if both 
Farraxv and Mihren arc alive, and if the transaction between Farraxv and Mihren was 
not such (=as is presupposed by the following declaration — .4. P. ): "make a division 
and declare my share more precisely!"; then, as some have asserted, this is identical 
wilh Lhc case of a thing belonging (jointly) lo two persons. 



MUD: TEXT 



47.7— II. 

Vnyayar nipist ku (K) ka marl-cfvj xvastnk pal slurih i xvcs paytak knrt ul pal 
dastan harv 2 sal cv sal ( ( J) 6 Farraxv cv" sal 6 Mihrcn dal Farraxv ut Mihrcn yul-yul 
pal an xvasiak yd he (10) pasiaela oh bavel cc ct-ic patixsav (ul) ka fra£ hat xvcs be 
dahet yut-yut xvcs* (Ms.: NYSH < NPSH) (11) pal-is kan xvnp cc chit patixsav. 

47, 11 — 12: 

Ka be 6 zan 6 dahet yd he pascaeta an (12) bavet 1 pal an sal zayct ka-s sLurih 
pal 6 zan pal an sal kunisn. 

47, 12—14: 

Ka-s (13) sturih pal-is esLel ka hae kust I bQtak be bavet andar butaklh pal xveslh 
be (14) 6 mart-e(v) rasel hac en kust pat xveslh ut hat kust I dit pat sturih ravel. 

47, 15—48,2 

Ka Aturfarnba"/ xvastak 200 pat (pat) sturih 6 Mihren dahel ut Mihrcn an 
xvasiak (16) nem pal sturih I Aturfambay 6 Farraxv dahet ut pas hac an Farraxv - ut 
Mihren frazand (17) zayet an xrastak ra5 framan ne dahend ut pat baxt savend an 
xvastak \itart avesan (1)6 frazand I Mihren ut ne be o frazand I [Farraxv] raset. Ut (6 
frazand I) Farraxv - (Ms.: Mihren) be ciybn ta zivandak (2) ut an xvastak nern bar 
baret dasta(3arih but enya-s pas hat an sturih nest. 

48. 3—7: 

Pit xvastak pal sturih 6 duxt I cakar I apurnay ke apar sardar frac hac xves dahet 
(4) ut ka duxt purnay bavet sardar aru-t mart bavet. Bui ke guft ku ka datastan (5) 
cry on I pit I takar slur andar apayei ut an sazaktar hamdatastaruh I sardar I pas andar 
ne apayet (6) ut ka yutlar oyon bavet ka yut hac dastaflar 6 zanlh ut sturih I k-asan 
kartan sut (7) he. . 



126 



TR4NSUTI0N 



47.7—11: 

Vaynyar has written that if someone has made a declaration regarding the trans- 
fer of a tiling for his Airship and has conveyed it alternately, for one year out of the 
two — to Farraxv and for the next ("one' 1 ) year — to Mihren, then Farraxv and Mi- 
hrcn, each of them separately become stur- (possessors) as regards this thing; for this 
is permissible. And if — in a case of transfer at his death — he conveyed the title to 
the personal possession of this thing (/. e. in a case of ordinary transfer unconnected 
with the institution of a ^rurship — ,4. P.) to each of them singly, then (it) is lawful, 
for this too is permissible. 

47. 11—12: 

If he transfers (a thing) to his wife (for jrurship; a transfer with an alternating 
regime of real right; cf. supra 46, 4 — 8; 46, 9 — 12; 47, 2 — 4; 47, 9—12), then the 
legitimate succession to the stiirship shall pass to him/her whom (the wife) bore in 
the year in which she exercised the function of stur. 

47. 12—14; 

If he obtains a slur's title (to a thing) then, if it came to him in the line of ("on 
the side of 1 ) "natural" calling (to the yfz2rship; ;'. e. if he is a '''naturar stur — A, P.), 
(this thing) is held by the man on the basis of a personal inheritance-share. It shall 
come according to the regime of inheritance-share — if it is in this line ("on*this 
side") of calling, and according to the regime of ("as") a stur's possession — (if it is) 
by way of another calling [37]. 

47, 15 — i8, 2: 

If Aturfarnbay conveys a thing (valued at) 200 {drahms'l Isatersl) to Mihen for 
.v/urship (= as a stur's possession) and Mihren conveys half of this to Farraxv for the 
.vrurship of Aturfarnbay, and children are subsequently bom to Farraxv and Mihren, 
and both of them die without leaving dispositions regarding the thing; then this thing 
must pass after their death to the descendant (= daughter) of Mihren and not to the 
descendant (= daughter) [of Farraxv]. (And) after this (/. e. after the death of Farraxv 
— A. P.) (the descendants) of Farraxv have no title to the given sturship (=the 
sturship of Aturfarnbay), except if his title to the srurship was for life, and the thing 
brings only half of the revenue. 



48, 3—7: 

A father conveys a thing for sturship on the occurrence of his death to (his) mi- 
nor daughter from a caA'ar-marriage whose guardian he is, but when the daughter 
comes of age another man is her guardian; the opinion has been given that if the de- 
cision (rendered in this case) is that a stur for the caA-or-fathcr is indispensable, and 
(if) this {ca Arar-daughter) is the most suitable person, then the consent of the subse- 
quent guardian is not necessary (for her assumption of the .wi/rship). In another case, 
however, this (=the absence of the guardian's consent — A. P.) is equivalent to her 
entering into a marriage or becoming someone's stur without the participation of the 
entitled person (= her guardian). 



127 



MUD: TEXT 



48, 7—10; 

Mart andar an snhr ku pal uzdchikih pal baxl savcl slur ul dulnk sardar uli 
gumarisn (8) ul andar an sahr ku-S xvastak ka-c x\ r al nc mat cstcl kar-franian nest pal 
kar-framan (9) gumartan apayct. Yutdatastanlh pal-is u/.dchlkih kc slur ul dulak 
sardar gumarisn (10) manisn nc amar. 

48, .10—12: 

Mart zlvandakan dutak (stur) oh bavet £e pat zan hamdatastan but hend (11) ku 
tan stur ul zenlk stur harv 2 oh bavel ut apurnayak murt-ic pit dutak(fh) (sturlh) by on 
ciycm nun-it" ce-s (12) £is-ic cis yuttar be ne bavet. 

48, 12—13: 

Ka soy pat zan stuiih 6 xvahisn karl (13) pes la gumarend Soy be miret zan pal 
an sturlh be gumarisn. 

48, 13—16: 

Ka (14) ansahrik 1 b Farraxv mat Farraxv nsm azat kan ut aparik pat xveslh 5 
'Mihren dat (15) stur oh gumarisn. But ke guft ha£ vahman apastak eton payiik kru 
"Farraxv (16) sazaktar ut pat-ic xveslh hamgonak. 

48, 16—17: 

Ka stur ut duiak sardar gumarl ut an I sazaktar (pas) hac an (17) miret (an) I pas 
ha£ an zat sturih ne sardarih be kanisn ut pat sardarih an I sazaktar...* 

49, 1—2: 

[ ] pus raset [ ] ke andar [ ]lk (?) pat 7 

bahr (2) 6 pusaran ev~ bahr 6 an duxt raset **. 



* 



49.2—3: 



Zan I cakar ka barvar a-s ayoyen apar (3) oh bavet (ut) ta dat I 70 salak pat bar- 
var darisn. 



* The article breaks offli ere. 
** Only the very damaged ending of this article has sunived. 



12S 



TRANSIATION 



4S, 7—10: 

A stur and a guardian (for his) family must be appointed for a man in that sahr 
(or "town") in which he died while in a foreign land. And a manager must be ap- 
pointed in the sahr /town in which his estate is located in the case that there is no 
manager (of this estate) — even if he does not appear there personally (for that pur- 
pose). In a conflict of opinions as to who is to be appointed as his stur and as guard- 
ian of die family in the foreign land (in such a case), the fact of (the candidate's) re- 
siding (elsewhere — A. P.) does not matter. 

48. 10—12: 

And (a wife) can (likewise) be the family stur during the man's life, for all 
(authorities) were in agreement as regards a wife that she can be both a tan stur and a 
zenlkidSmk stur. (As regards) a minor (daughter), even after her father's death the 
matter of (her father's) family j/urship shall remain the same as it is now, since in 
such a case nothing is altered, {cf, supra 46, 14 — 15; see Glossary, s, v. stur). 

48, 12—13: 

If a husband has (formally) claimed a ■rfurship for his wife, and he has died be- 
fore she was appointed, then the wife shall be appointed to this jnJrship (= the one 
claimed for her by her husband). 

48, 13—16: 

If Farraxv received one slave and Farraxv freed one-half of him (from servitude) 
and transferred the other (= the non-manumitted half of the slave — .4. P.) to Mihren 
as an inherited possession ("in personal ownership"), then (should the slave die with- 
out a successor — A. P.) a stur shall be appointed for him. Some have said that it is 
evident from such a regulation (or "from the Avesta") that Farraxv is the person most 
suitable (for the jtorship of the half of the slave manumitted by him) as well as for 
(that half) which is the personal ownership (of Mihren — A. P.). 

t 

48, 16—17: 



If someone is appointed stur and also guardian of the family, and (this man) who 
is most suitable (= the nearest agnate of the deceased — A. P.) dies after this, then the 
■y/urship is not (taken away) from (the daughter /son) bom (from this man) after this, 
but the title to the guardianship must be taken away (''destroyed") and the one most 
suitable (shall be appointed) guardian...* 



49, 1—2 



** 



49,2—3: 

If she is able to bear children ("is fertile"), a £akar-\vifc may become the stur- 
epikleros (of her caA'ar-husband) [38]. And she is to be considered as able to bear 
children until the age of seventy [39]. 



129 



HMD: TEXT 



49. 3 — f,: 

Kn mart zan i-s palix5ay(4)iha (zan) rao slurih xvahcl 6 an sturih liih?;ii. Hut ^ 
guft (5) ku-s sardarih i an zan butakiha cc-s hat sardarih be nc hilisn. ((>) Ul bul kc 
guft ku-S gumartakiha ut pal kartak oyon darend ku-s butakiha. 

49,7—8: 

Ka duxt I apurnayak rao sturih xvahct sardarih hac patvand I 6y bavel kc-s (H) 
pal slurih gumarend pus rao clan ves gopend ku sardar pi! bavcl. 

49,8—10: 

Gyakc (9) nipist ku ka mart xvastak pal slurih 6 mart-e(v) ayap 5 zan dahel ;ipfit 
(10) statan patixsay. 

49, 10—12: 

U-s bozisn en guft ku ka xvastak pal sturih be dahet (1 1) ul pas-it apam static! ut 
ml ret 'xvastak pat an apam apa£ aparisn. Ul bul (12) ke guft apae siaian nc pnlixsfiy 

.. 49, 12—15: 

U-s bozisn en guft ku ka (pal) xvastak (13) pat sturih be dahet ul pas apam sumci 
an ke an xvastak avi-s dahet pas-(14)i£ ha£ an xvastak bar baret dasiafJariha in kn 
xvastak pat an apam ne bavandak a5ak-ic (15) bar apa£ ne aparisn. 

49, 15—17: 

Hac" Rat-Ohrmizd be oyon guft ku ka zan (I) Aiurfarnbay (16) pal xonsandih i 
Aturfamba7 sturih (I) Mihren pat xvahisn darei ka dataparan aparmat (17) kan h;ii 
an c ka dataparan aparmat kart fra£ slur I Mihren ut xvastak avi-s oh apasparis^. 



50. 1—3: 



U-s en-ic guft ku fka gopet ku en xvastak ta 10 sal pat sturih Zanbut hep] (2) 
darel ut Zanbut andar 10 sal frazand zayet an xvastak pat xvcsTh be 6 an frazand (3) 
ra>ei. 



TR4NSUITION 



49, 3—6: 

[f a man claims a .tftirship for his wife from a patixSaylh-martiage, then (the 
patixsayih-mnniagc) must be dissolved because of this jnirship. Some (authorities) 
have said that he (continues to be) the natural guardian of this woman, since he is not 
obliged to free her from his guardianship. (This opinion) has also been given that he 
is the appointed guardian (/. e. that he may remain the guardian of his wife from a 
patixsayth-marriage. when she assumes a Worship only if he is appointed to that posi- 
tion — A. P), but according to procedural regulations (or "norms") he is held to be 
the natural guardian. 

49, 7—8: 

If he claims a srurship for his minor daughter, then one of the kinsmen (of the 
deceased) to whose srurship she is being appointed shall become her guardian. (As far 
the case where the father claims the j/wrship) for (his minor) son, most (authorities) 
say this: the father continues to be (his) guardian. 

49,8—10: 

If is written in one place that if a man conveys a thing as. a foundation for 
jfurship to a man or a woman, then he may obtain the thing back. 

49, 10—12: 

And he has formulated this decision: if he conveys a thing for .s-rtfrship and sub- 
sequently receives (money) as a loan ("debt") and dies, then the thing must be re- 
turned for (the settlement of) the debt. Some (authorities) have said that (it) cannot be' 
received back. 

49, 12—15: 

And he has formulated this decision: if (a man) conveys a thing for .rturship and 
subsequently receives (money) as a loan ("debt"), even after that the person to whom. 
he corn-eyed this thing is entitled to take the fruit (= revenue) and is not bound to re- 
turn it, even in the case where (this) thing is insufficient for (the settlement op the 
debt. *' 

49, 15—17: 

The following has been said with a reference to (the authority of) Rat-Ohrmizd: 
if Aturfambay's wife says claim to Mihren's .j/urship with Aturfamba7's consent, she 
becomes Mihren's stur (only) after the judge has announced (his) derision and from 
the moment that the judge has announced (his) decision, and the thing (=the founda- 
tion for Mihren's sturshlp) shall be conveyed ("entrusted") to her. 

50, 1—3: 

He (=the commentator) has also said this: [if he makes the following declara- 
tion: "let Zanbut"] possess [this thing as (a foundation) for slurshlp during the course 
of (the next) ten years"], and during (these) ten years Zanbut has a son; then this 
thing shall pass to this son as his personal inherited possession (=as a son's share in 
his father's estate — A. P.). 



131 



MUD: TEXT 



5(1. 3 1; 

Kn apam hat niuran ul alaxsan slur nc gumarisn (ul) cc pal 'a prim i (4) aturan in 
ataxsan hilisn dat bul nc saycl ul xvaslak (pal an) apam be apasparisn. 

50, 5—6: 

Gyakc nipist ku mart ka hambun-ic ast-c(v) nc bavandak pal slurfh Save! u-s (6) 
xvat-ic stur oh gumarisn. 

50, 6—7: 

Ut apak ani nipiSt ku mart-c(v) pal vas sturTh sayel (7) nikeritan. 

50, 7 — 12: 

Ka xvastak pal sturih 6 zan-e(v) (ul) mart-e(v) dahet hasl ke oyon gufi ku (8) ka 
xvastak 2 sturih hast stur 2 oh bavet evak ziyanak ut aparik merak darisn (9) ul ka ev 
srurih hast ziyanak apak merak darisn. Ut hast ke oyon g6p*et ku ka 2 (10) sturih hast 
a5ak-ic stur evak bavet ut ziyanak ui merak darisn ut hasl ke oyon gopet (11) ku ka ev 

^sturih hast ziyanak darisn be evar ku an zan patixsay ka zanih (I) (12) an man ne 

Kkunet. 

50, 12—13: 

Gyake nipist ku ka xvastak pat sturih 6 zan-e(v) ut mart-e(v) (13) dahet ka zan 
; *mlret xvastak apac 6 an mart raset. 

50, 13—17: 

Aparaklk(ait) gop>end ku" ka-s (14) pit pat apurnaylh pat sturih be dahei ka 6 
purnaylh raset ne patixsay be ka-s 05) apar estet. Met,6(k)mahik(an) goflend ku." 
Met6(k)mah gufi. ku ka 6 purnaylh mat ham pus (16) ut ham duxt paiixsay, ka-s apar 
ne estet ut Veh-Ohrmizd guft ku" ta 6 purnaylh raset (17) sturih pat apurnayak 
hame(v) raset. 



50, 17: 

(HacT? Pesakser goficne ku" pus pal pusakanlh ul duxt * (pat duxtnknnih cvac pit 
patixsay dat)... . 



* The article breaks off here. The phrase in parentheses is reconstructed from the pre- 
sumed sense of the context. 



132 



TRANSLATION 



50, 3 — 4: 

If (the deceased received) a loan ("debt") from Fire temples or altars, then a stur 
shall not be appointed [40]; since in cases of indebtedness to Fire temples and altars, 
the remission of the debt cannot be granted /take place, and the estate (of the de- 
ceased) must be conveyed (to the temple-creditor — .4. P.) in settlement of the debt. 

50, 5 — 6: 

It is written in one place that if (a man's estate) fails by (only) a small amount to 
reach (the minimal value for a sft/rship foundation — .4. P.), the man is entitled to 
convey it for sturship. and (in such a case) he shall appoint the stur himself. 

50, 6—7: 

In addition to this it is written that a man may accept several .sri/rships (=in 
contrast with a woman, he is entitled to serve simultaneously as stur for several per- 
sons — A. P.). This should be noted. 

50, 7—12: 

If (he) conveys a thing for jrurship to a certain wife and husband, then, accord- 
ing to the opinion of certain (authorities): if a thing is encumbered with a dual 
■rtarship, there must be two sturs — the wife shall hold one srurship and the husband, 
the other. But if there is one ^i7rship(= if the jfwrship is single), then the wife shall 
hold it together with her husband. And there is also the opinion that a single individ- 
ual becomes stur even in a dual s/ilrship, and (either) the wife (or) the husband may 
hold it. And some say that if this is a case of single s/wrship, then the wife must hold. 
it; however, it is (absolutely) clear that (in such a case) this woman is entitled to cease 
being that husband's wife. 

50, 12—13: 

It is written in one place that if (he) conveys a thing for ^furship to a (certain) 
wife and husband (jointly), then, should the wife die, the thing (conveyed for the 
srurship foundation) returns to that man (= lo the person who conveyed the thing for 
•srurship or to his family — .4. P.). 

50, 13—17; 

The followers of Aparak say that: if a father hands over a son ("him"/ daughter 
("her") as stur (for some person) when (they are) not of age, then upon coming of age, 
he/she is not entitled (to act) otherwise than to become stur. (But) the followers of 
Melo<k)mah (=Me66mah) assert that, as was said by Mcto(k)mah. that son and that 
daughter are entitled not to become stur when they come of age. Veh-Ohrmizd has 
(likewise) said that a j>rwrship goes to a minor (only) for the period until he comes 
of age [41]. 

50, 17: 

It is said, with a reference to the Castok of Pcsakscr, that (only a father is entitled 
to give) a son and a daughter (for adoption)...* 



133 



Mill): TliXT 



51. 1— 2: 

{ )*ih bahr (2) csicl vcs uskarian ul uikcnlan apaycl. 

51,2—6: 

Katak-xvalay pus ut duxt hamvaxs [pat] (3) [Varahran]ih(?)/[baxtikjih(7) 
kuncnd ut pas xvastak 6 dutak dahcnd. Pusanvch guft ku-fsan] (4) [al]axs/[hani]yaxs 

pal akanen xves cc ataxS ka-5 bahr sulomandlar bahr bybn ciyon [ ] (5) [ul ka-s 

da5]larlh sulomandlar dastarih apaycl da I (I) ut hakar-is bahr oyon [Ciyon] (6) |pus' 7 ] 
2. An cc 6 dutak rascl Ciyon pus xvcs xvcs" apaycl but. 

51,6—12: 

Ka [pal] (7-8) [dutak be] pus ] ut katak-banuk kas nesl ut dastkart-e(v) pal 
hamdatastanlh be 6 mart I sahr dahend [ut pas] (9) [katak-banuk pus]-e(v) zayet pal 
Castak I Meto(k)mah guft estcl ku ka be [pat] (10) [hamdatastanlh I pus ne] ka pal 
hamdatastanlh I [pus dat xvap] u-s £is-e(v) aridar nest (11) [... kaiak]-banuk frazand 
zayet ayap pus I (mas?) pes haE katak-banuk pal baxi save! ul pas [hac] (32) [an sitir] 
apayel gumartan a-man ne kan esict. 

51, 12—16: 

Ut gyake nipist kru [apar] (13) [bahr I] kalak-banuk an ce-s be dat (ut ne) apar 
bahr I pus an 1-5 be (ne) but oh zayet (14) [ut ka ka]tak-banuk ul duxt ev" pat dutak ul 
naxsist duxt soy kunet ut pas hac kalak-banuk [frazand] (3 5) [zayet] Yahram guft ku 
apar bahr I duxt ne zayei ce duxt ka-s soy karl (16) [bahr] 6 xveslh I duiak J ka- 
san mat. 



* There is a lacuna of some filly diameters, fliis is Uic imd of an article whose beginni n< 
was to be found on one of the missing folios of the manuscript. 



134 



T&WSUTION 



51, 1—2* 

51,2—6: 

A head of household, (his) son and daughter declare the entire profit 
("increment") [42] conveyed to a Varahran-fire (or: "carry out a division of the com- 
mon increment/profit"), after which, property ("a thing") is conveyed to (this) family 
(from the side): as has been said by Pusanveh (in such a case), the Fire (or 'The in- 
crement/profit") belongs to them jointly; for if it is more advantageous for the Fire 
that they (= the members of the family) be paid ("be given' 1 ) a share (= the insritutor's 
share; cf. supra 27, 9 — 12 — A. P.) then such a share corresponds to (= acts on the 

same basis as)... [ ] [but if what is more advantageous is maintenance (=the 

pay-rations assigned to a trustee — A. P.), then maintenance shall be provided 
("given"). And if a share is paid, then (it is apportioned) as (though there were) two 
[sons] (in the family) [43]. Whereas the property which came (subsequently) to the 
family (from the side), shall be (acquired) as the personal (inheritance)-share 
of the son. 

51,6—12: 

If there is no one [in a family] except for one son and the mistress of the house 
and (they) convey a dastkart by joint agreement to a certain fellow-citizen (= a mem- 
ber of the same community), [and subsequently] [another (son)] is born [to the- mis- 
tress of the house], it is said in the Castak of MeSomah that (if the transaction con- 
cerning the dastkart was concluded) without [the consent of the son (= the elder, /. e. , 
of the son whom the mistress of the house already had at the time — ■ A. P.), then it is 
invalid]; but if [(the dastkart) was conveyed] with the consent [of the son — then this 
is lawful] and there is nothing in this (= the birth of the second son, that casts doubt 

on the legality of the transaction — ,4. P.). [ mistress] of the house bears a son, or 

(if the elder?) son predeceases the mistress of the house and after [that a stur] must be 
appointed, (then), the one not having reached maturity (?) shall not be appointed 
("made"). 



51, 12—16: 



And it is written in one place that he (= the second son; cf. supra 51, 6 — 12 — 
.4. P.) shall inherit [the share] of the mistress of the house, the one conveyed to her 
(from the estate of the head of household — .4. P.), (and not) the share of the son 
whom she had (at the time that the inheritance of the head of household fell open — 
.4. P.). [But if] the family consists (only) of the mistress of the house and one daugh- 
ter, and first the daughter marries, and later the mistress of the house [bears a son], 
Vahram has said (of such a case) that (the son) does not inherit the daughter's 
share [44], because after the daughcr's marriage [her share (of the inheritance)] 
passed into the ownership of another family. 



135 



MIID: TEXT 



51, S f» — 52, 15: 

Ka katak-banuk ul pus tit duxt i purnay ul apurnay [an] (17) [gyakj hambay hcnd 
ul pus I purnay ayap duxl 1 pal baxt savct xvastak bahr I 6y apac [6] (1) en hakar 

pat(7j [( ) ' pal baxt] (2) save! pat sturlh ayap pat xvcsTh 6 an I sazaktar 

rascl (ul hakar) apurnayak [andar apurnayakTh pat] (3) baxl (pat) save! pal Castak t 

Metb{k)mah (bahr I 6y) pal katak-banuk estetut pat an I Aparak [ ] (4) hamaoven 

u-s kartak an I Mcl6(k)rnah. Ka hambay baxllklh kunend ut pur[nay ut] (5) apurnay 
akancn bahr stanend 6 art i purnay ut apurnay xvastak dahend an I 6 [apurnay] (6) ct 
ra5 ka apurnayak vindisn dutak xves be 6 dutak rascl ut an i 6 p[urnay] (7) ct rao tc-l> 
hambaylh I apak apurnayak yuttai ne but estet nern-e(v) be b [by ut ncm-c(v) I] (8) 
hac apurnayak be 6 dutak raset etbn Eiyon Aparak [gufL] (9) harv ce + (Ms.: 
MNW = ke) pat dutak etbn ciybn Meto(k)mah guft katak-banuk darisn [N. guft ku 
ka] (10) pus ut duxl pat dutak hend u-san katak-xvatay xvastak bahr I [puslh ut 
duxtlh] (11) ut zanlh be dahet ut vitart merak hac katak-banuk 4 frazand zayet [ut pas 
xvastak 6 diitak] (12) dahend frazand apar bahr I katak-banuk zayet ut an xvastak 6 
dutak dan [end Pusanveb I] (13) Azatmartln guft ku pat katak-banuk ut frazand I pas 
hac katak-banuk zayet e[siet man-ic] (14) pat et darom ku et ra5 etbn ce-s pus andar 
^'katak-banuk pat kas dar [ ] (15) ^tb(k)rnahlkan-ic hamgonak gopfend. 

52, 15—17: 

Ka katak-banuk ut pus I purnay ut apurnay pat dutak baxtMh (kunend ut) evakc 
v pat baxt Savet [Pusanveh] (16) guft ku bahr I by pat katak-banuk ut frazand I pas ha£ 
' katak-banuk (zat) zayet. (17) (Ha£)? Pesakser-it hamgonak gbpend. Ka-£ pit 6 zan ut 
frazand xvastak pat bahr (be dahet...) **. 

53.. 1—3: 

(...)*** ra5 pal baxtlklh kartan ne apayet patkarend be ka aveSan ke baxtikjh 
xvahend (2) avesan apurnayakan ut armestan hac xvastak hammis sardarlh, kunend 
enya baxtlkih kartan (3) ne patixsay. 



* There is a lacuna of over fifty characters. 
** The article breaks o[T here. 
*** The beginning, of this article is missing. 



136 



TRANSLATION 



51, 16—52, 15: 

If in a family the mistress of the house, the sons and the daughters — (both) 
those of age and the minors — are partners, and (if) a son who is of age or one of the 

daughters dies, then his (or "her") share of the estate returns * dies, then as a 

slur's possession or as a personal inheritance-share (it) shall go to the one (of them) 
who is most suitable. (But if) a minor [before having reached his majority] dies, (his 
share in the family estate) shall pass to the mistress of the house according to the 

Castak of Meto(k)mah. and, according to the Castak of Aparak [ ] similarly, 

and judicial practice (in this case follows the Castak) of Met6(k)rnah (= Meoomah). If 
the partners /co-heirs divide (the estate) and one [of age together with] a minor re- 
ceive a common share, and (if) a thing is conveyed (from the side — A. R) to the one 
who is of age and the minor, then that which (is conveyed) [to the minor] shall go to 
the family inasmuch as his income belongs to the family as long as he is a minor, 
whereas that which (has passed through the transfer — A. R) [to the one who is of 
age] falls under the following regime inasmuch as he is the partner of a minor: one 
half [shall go to him, whereas the other half (of the conveyed thing) — the one (to be 
acquired by his minor partner — A. P.)] — shall pass from the minor to the family, as 
this [has been said] by Aparak. And the mistress of the house shall possess all that 
passes to the family, as was said by Me Soman. [(Commentator N — A. R) has said 
that: if] in a family there is a son and a daughter, and the head of household conveys 
to them [a son's, a daughter's] and a wife's share, and (if) the mistress of the house 
bears a son after the death of her husband, [after which a thing] is conveyed [to the 
family] (from the side — A. R), then (this) son shall inherit the share of the mistress 
of the house. (As regards) the thing which was (subsequently) conveyed to the family, 
[Pusanveh I] Azatmartan has said that it [shall] belong to the mistress of the house 
and to the son born to the mistress of the house after (the apportionment of the estate 
by the head of household — A. R), [and I] also consider that this (should be) so, be- 
cause the son as regards the mistress of the house [ J. And the followers of 

MeSomah say the same. 



52, 15—17: 



i 



If a family consists of the mistress of the house, a son who is of age and a minor 
son, (and) they divide (the estate), (after which) one (of the sons) dies: [Pusanveh] has 
said that his (= the deceased son's) share shall pass to the mistress of the house and to 
the son (= child) born to the mistress of the house after (the division). The same is 
said (on the authority)? of Pesakser. But if the father (transfers) the estate as shares to 
his wife and children...** 

53, 1—3: 

*** are in litigation over ( ), a division shall not be carried out; 

then — unless those demanding the division exercise guardianship over the minors 
and invalids (in that family) and guardianship over their estate — the division is not 

lawful. 



137 



MUD: TliXT 



xxxvni* 

53,4: 

En dar I hambnyan ui hamxvastakan ci5 viiartan. 

53, 4 — 6: 

Hambay kc apam" (Ms.: NKSY'= xvastak) ul vaxS I pitaran (5) viiariSn ha- 
maoven yut ha£ xvastarih be vicart guharfkan ha£ hambayan apac xvast (6) patixsay. 

53, 6—10: 

Ka mart apam I pilaran ke + vaxs nest bahr I xves pat patigriftan + fraE (7) daret ut 

an ke-S avi-S dahisn go^et ku ta apankan vicarend ne patiglrom ka aparik-i£ (8) be 

viEaret guharikan ha£ hambayan apaE xvast ne patixsay. Ka gofiet ku aparlk-iE be (9) 

viEarend patiglrom ut aparlk-iE be vi Caret hac hambayan apaE xvast patixsay Ee ka-s 

■ (10) guft ku be viEar aoak-is xvastarih kart bavet. 

XXXDC 

53, 11** : 

Dar I nem bahr ut ari I andar xvastak ke paSt apar kunend. 

53, 12—13: 

Ka gopet ku-m en xvastak nem 6 to dat arz oyon bavet Eiyon andar an e ka CI 3 ) 
xvahet. 

53 ? 13—15: 

Ka go pet ku-m en xvastak nem 6 to dat ta dahet* patixsay ka (14) ne paytaksnst 
ut ka paytakenet bar patixsay bun ut ta-E bar hame(v) baret vizaiid I pat avinasih T 
(15) rat 6 bun raset 6 harv 2 nem mat bavet. 



* Tins article carries the (ahjod) ordinal -numher 38. 
'* Tlie (ahjacl) ordinal-number of this chapier — 39 — is placed in line ]Q. 



13S 



TR4NSL4.TION 



xxx vm* 

53,4: 

This is the chapter concerning the settlement of a debt with partners (= co-heirs) 
and joint-debtors (= correi; persons jointly responsible). 

53,-1 — 6: 

A panner/co-heir who without awaiting legal action ("before a claim takes 
place") has fully settled all the financial obligations of the (late) paterfamilias ("of the 
fathers") — both the debt itself and the interest — is entitled to demand the equiva- 
lent (of the expenses born by him; cf supra 2, 4 — 6) from the (other) partners/ 
co-heirs. 

53,6—10: 

If a man delays (= puts off) the assumption of his share (in the payment) of a 
non-interest-bearing debt of the late paterfamilias, and to the one to whom he should 
pay ("give") 'he declares the following: "until (all) the others (the co-heirs — .4. P.) 
pay. I shall not accept"; then — (even) if (another co-heir) pays all the rest — he is 
not entitled to claim a compensation from the co-heirs. But if he declares: "(if) the 
rest is also paicL I shall accept", and (another) pays the rest, then he (= the one who 
paid) is entitled to claim a compensation (for his expenses within the Limits of each 
one's share in the common debt — A. P.) from his partners /co-heirs; for if he said 
"pay!", he has thereby presented a claim. 



xxxrx 

53. 11**: 

Chapter concerning a half-share and the value of a thing regarding which there 
is a transaction (=agreement). 

53, 12—13: 

If he declares: "I have conveyed one-half of this thing to you", (then) the value 
(of the thing) is determined in accordance with the value (of the thing) at the time 
that (the latter) claims his share. 

53, 13—15: 

If he declares: "I have conveyed one-half of this thing to you", then (the latter) is 
allowed not to make a declaration (regarding his acceptance of the transfer) until 
(there is) an act of transfer. But if that one (= the acquirer) makes a declaration, he is 
entitled to take the income ("fruits"). And as long as he takes the income (/. e. as long 
as he receives an income from one-half of the thing after having declared his accep- 
tance of it, whereas the thing remains in the hands of the transferer — A. P.), any 
(damage) wrought to the thing itself ("the principal") through no fault of the conveyer 
(shall be taken as damage) to each of the two halves of the thing. 



139 



MUD: TEXT 



53, 1 5 — 54, 2: 

tiyon ka goficl ku-m 3 bahr cv bahr (16) 6 lo dm cc ka bahr go[icl no;ik-is en 
patkarisn andar hast ku-5 abaxl dat (17) bavct pescmar"' (ka) mat (i) (ul) kart cslcl ku 
pit xvastak pat 3 bahr cv bahr 6 man dat (1) u-s xvaslanh pat-is kart cslcl datafiaran 
oyon ciyon ka abaxt dai estal (2) he vi£ir kartan be apaycf (Ms.: apasparct) ul be 
datafiar vi£lr ne kartan. 

54, 2—5: 

Pat guft I Vayayar (3) nipist ku ka gopet ku en xvastak 3 bahr ev bahr Mihren 
xves hep bavet u-s (4) abaxt apak ne guft eton bavet ciyon ka-§ nem-e(v) dahch ut 
kamak pat rat. Ut aru (5) gyake nipISt ku ka-s pat bahr dahet abaxt dat bavct. 

54,5—11: 



Ka Farraxv apak (6) Mihren patman kart ku uzlt + roc vahrnan ka an xvastak nc 
vicart estet xvastak (7) I to gopeh cand an xvastak vahak arzet an xvastak ra5 to xves 
Mihren pat xvastak ka" (8) bar (I) 13 arzet ut pat bavandak ne pa(z)zaft pat-is mih 
estet gopisn gbpst. Ut an xvastak andar an e (9) ka patman kart bar pat-iS ne but ut an 
drahm freh ne arzist (N. guft) ku nun guharen oyon bavet (1.0) ciyon andar an e but. 
SyavaxS guft ku bar be ne savet ce ka oyon xvastak pat (11) arz I 13 freh hame(v) 



glret. 



54 ; 11—15: 

Ka Faxraxv apak Mihren patman kart ku xvastak I man xves" (12) ut to gbpeh 
(cand) arz 200 vahak arzet to xves Mihren pat cand ansahrik I andar an e apumayak 
pat akanen (13) 200 arzist ut nun yut->ait 200 arzet sahisn gopet hac an ciyon ne arz I 
sahr (14) be tan I xve§ veh be kartan rao arz a^zut ne pat arz I andar an e be pat arz I 
nun (15) apasparisn ut gopisn kar nest. , 



140 



TRANSLATION 



53. 15—54. 2: 

As when he declares: "I have conveyed to you one-third share", (and) inasmuch 
as he has said "share" the following disputable (factor) is present, namely that the 
share is conveyed to him without a division (having been made); if the plaintiff comes 
(to court) and declares: "(my) father has given to me one-third share of a thing/esta- 
te" and he presents a claim for it, then the judge shall render a decision (in accor- 
dance) as though (the share of the thing /estate) had been given without a division, 
and no decision may be taken without a judge. 

54. 2—5; 

It is written from the words of (= with a reference to — A, P.) Vayayar, that if he 
declares: "let a third share of this thing/estate belong to Mihren", and on this occa- 
sion he has not said (the word) "undivided", then this is equivalent to the case where 
he (= the cam-ever) were to transfer one-half and there was willingness (on the part of 
the receiver — A. P.) (to accept) the gift. But in another place it is written that if he 
conveys (the estate) as a share /by share, then (the thing) is conveyed undivided 
(= without division, as an ideal share). 

54,5—11: 

If Farraxv concludes the following agreement with Mihren: "if no payment- -is 
made (for) this thing (= the debt is not settled) by such-and-such a day, then (any) 
thing of equivalent value (belonging to me) that you name shall belong to you on ac- 
count of it ('this thing' = : the debt')". And Mihren makes the declaration (in court — 
A. P.) with regard to the thing (loaned): that the income from it is equivalent to 13 
{drahms) and (the thing) has not been fully redeemed and he objects (to this compen- 
sation — .4. P.). But at the time of the agreement this thing brought no income 
(= fruits) and was not worth this addition to its price. (N has said) that the compensa- 
tion now (shall be) equivalent to its (= the thing's) value at that time (= at the time 
that the agreement was concluded). Siyava(x)5 has said that the income (=the fruits) 
is not to be taken into account, since, in the opposite case, he (= the creditor) shall 
take a thing valued at 13 {drahms) more (than that stipulated in the agreement — 
A. P.). 



54. 11—15: 

If Farraxv makes the following contract with Mihren: ''whatever you choose 
("name") that has a value of 200 {drahms) (from) the estate belonging to me, shall 
belong to you'. And if Mihren declares his agreement to the receipt (= the transfer to 
him) of several slaves who were minors at that time and valued at 200 {drahms) alto- 
gether and who now are valued each separately at 200 drahms, then — since their 
value has grown because of their (= the slave's) bodily improvement (/. e. the minors 
are now fully grown — A. P.) and not because of a conjunction of prices in the 
iov/n/sahr — the transfer shall be made in accordance with their present value and 
not with what they were worth at the time of the drawing up of the contract. And the 
declaration (made by Mihren regarding his agreement to receive several slaves — ■ 
A. P.) is not in force. 



141 



MUD: TliXT 



54, 15—17: 

Ka go(icl ku-m xvistak ncm 6 16 dat pat an arz i (16) andar fin c ka xviihcnd d;i- 
hiSn" Cc paLixsay ka-s an ncm abaxl dalicl ul ka-5 abaxt (17j dnhci arz oyon bavci 
£iydn andar an c ka xvahend. 

54,17—55,1: 

Ka goficl ku-m xvastak pat arz fi] (1) 250 6 (to) dal pat an arz dahisn I (andar) 
an c ka gopcl. 

55, 1—3: 

Pat guft I dasta[3aran nipist (2) ku ka goflet ku en xvasiak et bahr (I) to xves hcp + 
bavet kanak oyon apak Joi-S tan (3) xves hac rru'yan be a^urt bavet xvasiak hamaSven 
avi-S + be raset. 

55, 3—7: 

Ka gopet (4) ku xvastak I man xves ut xvasLak 6 xveslh T man raset Cans arz' 
200 vahak arzet (5.) to xves ut an xvastak ke kamak apar doslt ast-e(v) andar an c ka-s 
gdpiSn guft xves (6) but ut ast-e(v) pas hac an mat an I andar an e xves pat arz I andar 
an e ka gopisn guft (ut) an I (7) pas hac an mat pat arz I andar an e ka mat payiak 
kunisn. 

: 55, 7—8: 

Ka zamlk ev kartak ra5 go(3et (IS) ku pat - 3 evak (I) to xves pat kartak oyon karl 
ku arz (I) mariha dal bavet. 



XL* 

55. 10: 

Dar I hampayandanJh ut payandanlh ut hambaylh. 



The \abjatl) ordinal-number of Uiis chapter — 40 — is placed in line 9. 



142 



TR-LNSL-iTION 



54, 15—17: 

ir he snys: "I have conveyed ("given") one-half of a thing to you", then the 
transfer shall be made in accordance with the value (of the thing) at the time that (this 
half) is claimed. Because he can (also) give this half without a division ("undivided"), 
and if he gives it undivided, then the calculation must be made in accordance with the 
value of the thing at the time that it is claimed. 

54, 17—55, 1: 

If he declares: "I have conveyed (to you) (any — A. P) thing having a value of 
250 (drahms)'\ then the transfer (= the receipt of the thing by the receiver) shall be 
made in accordance with the calculation of its value at the time that he (= the con- 
veyer) made (his) declaration. 

55, 1—3: 

It is written with a citation of the commentators ("from the words of, in accor- 
dance with the statement of the commentators") of the Avesta, that if he declares: "let 
this part of a given thing belong to you!", then this is the precedurs in such a case: 
should that (= the part of the thing) which (continues) to belong to (= remains with) 
him (= the conveyer) be destroyed, the thing shall pass totally to that man ("him" — 
the receiver) [45]. :. 

55, 3—7: j 

If he declares the fallowing: "a (share) valued at 200 (drahrns) shall belong 
("belongs") to you from the estate that belongs to me (now) and from the estate that 
will belong to me (in the future)", and if one part of the estate which he (= the re- 
ceiver) declares his willingness to receive (consists of) what (already) belonged (to the 
conveyer) at the time of the declaration of transfer, and the other half (consists of) 
what passed to him later, then the value of the share which (already) belonged (to the 
conveyer) is determined in accordance with (its) value at the time of the declaration of 
transfer, whereas (the value of) the share which passed to him (= the conveyer) later 
is determined ("shall be declared") in accordance with the value (of this share 
of the estate) at the time that (these things) passed into the ownership (of the con- 
veyer — A. P.). 

55,7— S: 

If he makes (the following) declaration regarding a plot ("piece") of land: "one- 
third (of it) belongs to you", then according to the procedure (or "in the procedural 
regulations") it is laid down (or "formulated") thus: (the share of the plot) is conveyed 
in accordance with its value (/. e. the value of the share of the plot to which the title of 
the acquirer is being established must be equivalent to one-third of the value of the. 
entire plot — A. P.). 

XL* 

55, 10: 
Chapter concerning joint warranty, warranty, and partnership. 



143 



MUD: TliXT 



55, 10—11: 

Ka gopet ku mart 2 pat akancn 200 6 man dahiSn (i 1) akancn kar cion frnniul 
cslct ku rast. 

55, 11—13: 

Ka gopet ku marl 2 200 hat man apam stat (12) gyakc nipist ku mngupalan ma- 
gupat gufl ku hamaoven ha£ mart 1 be xvastan patixSuy cc (13) dariSn akancn barend 
(Vahuman) hamxvastak hend [46]. 

55,13—17: 

Ka gopet ku man 2 ha£ man apam slat (14) pal en son fra£ gufl eiyon ka-San 
akanbn slat hand" u-s pal andacak en goflei (15) ku ka gopet ku en xvastak marl 2 
xves ul ne gopet ku-san pat akanen xves but (16) ke guft ku ka* ne pavtak ku Eand oy 
ut cand oy pat' yavar-e(v) kar eton framut estet (17) ku rast xves. 

s 55, 17—56, 5: 

Ka go^et ku mart 3 hac man apam stat (ut) patman kari ku (1) hampayandanan 
hem hac harv ke kamet patixSay xvast gopend ku |I)al]-Fan-axv (i) guft (2) ku ka (6) 
harv 3 attan hend a5ak-ic ka£ harv ke kamet patixSay wast (ut) 6y ke be vicaret (3) 
bahr I 03' I dit patixsay ha£ oy I dit xvast ut ka hampayandan ne be gopend + ku hat 
harv ke (4) kamet patlxsay (xvast ut) ka (6) hamak evak be ^£aret a5ak-ic hac 6y I dit 
ne patixsay (5) xvast. 

56, 5—8: 

Ka gopet ku-m pa: en xvastak vihrnan man payandan kart rah (6) 6 payandan 
pat an zaman bavet ka merak anattan ayap ne mat estet ut ka payandamh (7) yui ha£ 
hamdatastanlh I oy ke vicarisn kunisn ka xvastak vicaret eton bavet cry6n*ka (S) 
apedastaPar Aicam u-? apat ne raset. 



1 Ad 



TRANSLATION 



55, 10—11: 

If he declares: "two persons must jointly transfer 200 (drahms) to me \ then (the 
expression) "jointly 3 ' has the force of the injunction "equally". 

55, 11—13: 

If he declares: "two persons received 200 (drahms) from me as a loan ('debt')", it 
is written in one place that he is entitled to claim the entire sum ("in full") from one 
of these persons, as was said by the magupatan magupat. because — inasmuch as the 
possession (received as a loan — A. P.) is theirs jointly ("they hold the possession 
jointly") — they are jointly- responsible (individuals; that is correi — .4. P.). 

55, 13—17: 

If he declares: "two persons have received money from me as a loan ('debt')", 
then what is said thereby is as though they had received (this money) jointly. And, as 
proof, he (= the commentator) says the following: if (anyone) declares that: "the given 
thing belongs to two persons" but does not by the same occasion say: "it belongs to 
them jointly", the opinion has been given that — if no declaration has been made that 
so-much (belongs) to one and so-much to the other — (the expression) "'jointly" (lit. 
"at the same time", "simultaneously") acts as a disposition to the effect that (the 
thing) belongs to them equally. 

55, 17—56, 5: 

If he declares: "three (persons) have received (money) from me as a loan ('debt') 
(and) have concluded the agreement (that): : we are co-warrantors'", then he is enti- 
tled to claim (the settlement of this debt) from whichever (of them) he pleases. It is 
said that [Datj-Farraxv said that if all three are solvent, he is entitled to claim (the 
settlement of the debt) from whichever of them he pleases in this case loo, and he who 
settles (=in full — .4. P.) the share of the other one (in the common debt) is entitled to 
claim it from that person ("the other one"). But if (they) did not (say): "we are co- 
warrantors", but it was said (that): "he is entitled (to claim the settlement of the debt) 
from whichever he pleases", then if one pays everything (= for everyone), he is not 
entitled to make a claim from another (within the limits of his share of the debt). 

56, 5— S: 

If he declares: "I have made/declared such-and-such a man guarantor as regards 
a given thing (= money, debt)", then the reversion (from the creditor) to the guarantor 
shall take place in the occurrence that the principal debtor ("man") proves insolvent 
or does not appear (to settle the debt). And if the guarantor pays the money (= settles 
the debt) without the consent of the debtor, then this is equivalent to his paying with- 
out being empowered, and (in such a case) he shall not receive a compensation (from 
the debtor for his expenses). 



145 



MUD: T1LXT 



56. K— i:: 

Gyfikc nipi?>t ki'i ka goPel kfi-man {9j xvustnk apam sin! (nl) hnmpnyandan hem 
ayap gbjict ku pal an xviislnk c\'ak ui 6y i dit (]()) hampaynndfm hem altnnih ui nc 
attanlh i 6y i dit pal \bl\h\ vienrtan ul mat estel (1]) nc ma! csic! i 6y i dit nc hamar 
cc hac harv kc kfimel was I pmixsay ut 6y kc hac-ig (12) xvast hac 6y i dit bahr apai 
rascl. 

56, 12—15: 

Ka goficl ku en wastak duxiak civon (13) purnay bavct ut Farraxv pat akancn 
xves hc[i bavct clon dancmi ku ct rao ka pal akanen (14) xves nipisl esict 6-c Farraxv 
pal an zaman rascl ka duxtak purnay bavct (15) cc pat an zarnan xvcS sayet but. 

56, 15—17: 

Ka rnart-c(v) apak niart-c(v) patman kunet ku man (16) payandanlh T \ihman 
ra6 xvaslak and 6 lb dab o m ka an patman hame(v) kartan (17) xonsand a5ak-is rah 6 
payandan u-s apac 6 bun nc bavcl. 

56,17—57,2 

Pusanveh I Azatmartan (1) 67 on guft ku el ka gopend + ku hampayandan hem ta 
ka goP>end~ ku pal en xvaslak (2) vahman man payandan hem ka matakvar attan rah 
6 payandan nest. 

57,2—12: 

Vahric guft (3) ku-m asnut ku Aturparzkar guft ku ka-m be b xvarastan (4) 
kamist sutan zan mart" (?) 3 pat rah nisast (but) hend. Ut cvak guft ku (5) ostat en. 
datastan hep be vicar ka mart 2 xvastak apam stanend ut gofiend ku (6) 
hampayandanan ci7on. Ut man guft ku matakvar attan rah 6 payandan ne bavet. U-£ 
(7) pas guft ku ka evak apam stanet m an 1 ditlkar gopet ku-s pat en xvastak (S) 
payandan horn ci7on bavet. Ut man guft ku en-ic hamgonak bavet. U-s pas guft (9) ku 
nun matakvar anattan bavet ut hac" payandan tozisn xvahet (ut) pas matakvar b 
TuvanlkJh (10) rasel. Ut man be estat horn u-m pa(s)saxv guftan ne danist. Ut pas evak: 
(11) guft ku ostat ma haxides u-s visiaxvlha pa(s)saw kun ku ne danom. (12) Hac an 5 
moyan (h)andarzpat viclr kart ut 6 pes nipist pnytak. 



14 G 



?: 



TR4NSL4TION' 



56, 8—12: 

It is written in one place that if he declares: "we have received a thing (= money) 
as a loan ('debt') (and we are co-guarantors", or if he declares: "(both) of us, one (as 
well as) the other are co-guarantors as regards this thing", then the solvency or insol- 
vency of the other, as regards the settlement of the financial obligation, just as the ap- 
pearance or non-appearance of the other (on the date stipulated for the payment — 
A. P.) are not taken into consideration, for he (= the creditor) is entitled to claim (the 
settlement of the entire debt — A. P.) from whichever of them he pleases. And the one 
against whom he (= the creditor) laid the claim shall receive from the other (co- 
guarantor) (the latter's) share (in their common indebtedness). 

56, 12—15: 

If he declares (the following): "let this thing belong jointly to (my) daughter 
when she comes of age and to Farraxv", then I understand this in the following man- 
ner: inasmuch as it is written: "(let it) belong jointly", (then) Farraxv, too, shall ob- 
tain it (only) when the daughter attains her majority, for (only) then may (this thing) 
belong to her. 

56, 15—17: 

If one person concludes the following agreement with another: "I shall convey to 
you such-and-such a sum ("so much") under the guarantee of such-and-such a per- 
son", and if (both sides express — A, R) their acceptance of the conclusion of this 
agreement, then (the creditor) shall be entitled to address his claim (directly) to '-the 
guarantor, and he does not have the right to address his claim to the principal contrac- 
tor (= the debtor). 

56, 17—57, 2: 

Pusanveh I Azatmartan has spoken in this fashion: if he makes use of the for- 
mula: "we are joint-guarantors", or even if he declares: "we are guarantors for such- 
and-such a person as regards a given sum of money (= a thing, a debt)"; then if the 
principal contractor (= the debtor) is solvent, (the creditor) is not entitled to address 
(his claim) to the guarantor. 

57,2—12: 

Vahric has said: "I have learned that Aturparzkar has said the following: (Once 
upon a time) when I was going to the ordeal court, three women were sitting by the 
road. And one of them said: "Master, decide this legal case. If two persons receive 
money (= 'a thing 1 ) (separately — A. P.) as a loan and declare that they are joint- 
guarantors, then how shall it be?" And I said: that if the principal contractor 
(= debtor.) is solvent, then no claim may be addressed to the guarantor. And then she 
said: "and if one receives (the money) as a loan and the other declares: 'I am the 
guarantor as regards this money ('thing'), what then?'" And I said that this case too 
is resolved likewise. Arts she then said: "well, now what if the principal contractor is 
insolvent and (the creditor) claims the payment from the guarantor, but subsequently 
the principal contractor becomes solvent?" And I stood and did not know what an- 
swer to give. And then one (of the women) said: "Master, do not hesitate but say 
truthfully ("confidently") — 'I do not know'!" (But the answer to this question) is 
evident from the decision rendered by the {h)andanpat of the Magi, and (regarding 
which) it is written below {cf. infra 59, 1 — 10 — .'1. P.). 



147 



MUD: TEXT 



57. 12—14: 

Ka gofict ku-m (13) Farraxv pal tan hnE to grift ui en nc go[ict ku-s apa£ 
apasparom tuvan gufian ku-i (14) darisn 6 man (apaC) nc apaspart. 

57, 14 — 16: 

Ka Ohrrruzd roE Farraxv ut Vahuman rot (15) Pusak andar Aturfarnbay kart ku- 
m Mihren pat tan hat to patigrift payandanlh harv 2 (16) xvap. 

57, 16 — 58, 3: 

Ka Ohrmizd roE Farraxv ut Vahuman rot ka Mihren kart ku-m ta ev sal Farraxv' 
(17) pal tan haE Aturfarnbay patigrift ta ev sal. Ut ka gbfiet ku-m Farraxv pat tan ha£ 
(1) Aturfarribay (i) patigrift hac an tiybn darisn + (Ms.: xvahisn) I tan sal drahnaS hac 
an e ka [xvahet] frac ta (2) ev sal bavandak bavel ka tan ne mih estet patix5ay ka apa£ 
ne apasparet (3) ut ka tan mih estet apac apasparisn (ut) Aturfamday ne patixsay be 
ka apac patigiret. 

58, 4—9: 

Ka Farraxv apak Arurfambay patman kunet ku hakar ka to Mihren xvaheh Mi- 
hren (5) 6 to apasparom enya 200 be dahom ut pas Attrrfarribay Mihren hat Farraxv' 
xvahet ut Farraxv (6) Mihren ne apasparet hakar Farraxv pat apaspartan I Mihren 
atuvanik ut pat an atuvanlkih (7) avinas ka-E pas o tuvaniklh raset tan ne apasparisn 
ut 200-iE ne (dahisn) hakar-is guft (8) ku-m patigrift ka-c pat an aSvenak atuvanlk be 
bavet a5ak-it ciyon 6 mvanlk(ih) raset (9) tan apac apasparisn. 

58/9—14: 

Ka Farraxv Mihren pat tan hac ArurfambaY apac patigiret (10) Aturfarnbay 
hakar ka xvahet Farraxv' Mihren apasparet enya patixsay ka pat guharikanlh (11) I 
Mihren Farraxv griftar kunet. Ut ka Farraxv yut hac xvahisn I Mihren pat f tan (12) 
haE Aturfanibay apaE ;.. patigiret Farraxv Mihren be hist patixsay ut ta daret pat daStan 
(13) ut ta + (Ms.: 'MT-ka) xvahend pat-iE kart dastan patixsay oyon Eiyon 
Aturfarnbay-it but ut ka be (14) hilet ta xvahend yut haE xonsandlh I Mihren apac: 
apaspartan ne patixsay-. 



148 



TRANSLATION 



57, 12—14: 

If he declares: "I have received Farraxv from you, as a slave (/. e. servi loco — 
A. P.y\ without saying in addition: "I shall return him' 1 , (then in this case loo, the 
person conveying Farraxv to him) may (address a claim to him and) declare: "you 
have not returned my possession to me". 

■57. 14— 16: 

If Farraxv concludes the following agreement with. Atufrarnbay — on the day 
Ohrrnizd. and with Pusak — on the day Vahuman (/. e. on the following day — 
A. P.): "\ have received Mihren from you. as a slave", (.then) the warranty of boLh of 
them is valid. 

57, 16—58,3: 

If Farraxv made the following declaration on the day Ohrmizd, and Mihren — 
on the day Vahuman: "I have received Farraxv as a slave (= servi loco — • ,4. P.) from 
Aturfarnbay for the term of one year", then the term (of validity of the title of posses- 
sion of the given slave, for the one as for the other) is one year (from the day of each 
one's declaration of acceptance — A. P.). And if he declares: "I have received Farraxv 
from Aturfarnbay, as a slave", then — inasmuch as the term for the possession of the 
slave is of one year — he is entitled not to return him (to Aturfarnbay) from the time 
[that the demand] (of Aturfarnbay for the return of the slave) took place and up to the 
expiration of the one year (term), if the slave does not object. But if the slave objects, 
he shall be returned, and Aturfarnbay must take him (= the slave) back (lit. 
"Aturfarnbay cannot but receive him back"). ■ .;.- 

58,4—9: 

If Farraxv concludes (this) agreement with Aturfarnbay: "as soon as you claim 
Mihren (= the name of the person pledged to the creditor as a slave — A. P.), I shall 
hand over ("reintrust") Mihren to you, or I shall pay 200 (drahms)", and Aturfarnbay 
then demands Mihren from Farraxv, but Farraxv does not hand Mihren over; (then) if 
Farraxv is unable to hand Mihren over and this inability is not his fault, he need not 
hand over the slave nor the 200 (drahms) even if he subsequently becomes able fto do 
so). But if he (= Farraxv?) declared: "I have accepted", then even if his inability is the 
same (/. e. though no fault of his own — A. P.), he must return the slave as soon as he 
is able (to do so). 

58, 9 — 14: 

If Farraxv receives Mihren from Aturfarnbay, as a slave (= loco servi) once 
again, then — if Aturfarnbay makes a claim — Farraxv must hand Mihren over, oth- 
erwise (Aturfarnbay) shall be entitled to seize Farraxv (himself) in compensation 
("exchange") for Mihren. But if Farraxv receives Mihren from Aturfarnbay, once 
again as a slave, against Mihren's will, then Farraxv is entitled to let Mihren go [or: 
"release Mihren (from pledge)" — A. P.]. And as long as he (=Faraxv) possesses 
him, he is as entitled as Aturfarnbay himself to possess him and to dispose of him, 
until such a time as he (= Mihren) is claimed from him (= Farraxv). And if he lets 
him go (= releases him from pledge) before he is claimed, he is not entitled to return 
him without Mihren's consent. 



149 



A// //J; 7/:.\7 



5H. [4 — ]f>; 

Ka (15j Farraxv (ui) Aturfambay pal inn hac mart-c(v) apat pntigircl vilnrl-id- 
Fnrraxv xvastakdarnn i ( 16) Farraxv Alurfarnbay apaC" apasparisn. 

5H, 16—59, 1: 

Yul hac zan ut anSahrik ul apurnayak (ul) aparlk-ic (17) an I ha£ an Son ciyon be 
ka paytjik attan hend cnya pat anatlan darisn. (1) Be ka paytak ku analtan hend cnya 
pal nttan dariSn. 

59, 1—10: 

Mahvindat gull (2) ku ka Farraxv man ul Mihren to ha£ Aturfambay apam 
stanem ut patman kunem + ku evak 6y I (3) dit payandln hem a-S kar en ku 
Aturfambay ka Farraxv anattan a-S pat man rah (4) 6 Mihren ut ka Mihren anattan 
a-S pat to rah 6 Farraxv. Ka goflend ku hampayandanan (5) hem a-S en gufl bavet ku 
hamtozisn hem u-3 attanih ul anattanJh ne (6) amar. U-S en-i£ gufl ku ka oyon gopend 
ku evak 6y I dit payandan hem (7) ut Farraxv anatlan be bavel ut Aturfambay pat 
toziSn apak Mihren raoeniSn kunet (8) ut pas Farraxv 6 tuvanlklhf raset Aturfambay 
patixSay ka raSeniSn be hilei (9) ul apac o raoeniSn I Farraxv 1 estet apar en vacak 

jvciyon-am pat nipiStak dit (10J Vehpanah ce moyan (h)andarzpat but vi£ir hamgo- 

■ nak kart. 



XLI* 

59,11: 

Dar T xvastakdarlh 

59 r 12—16: 

Pus ka-S xvastak i pitar drahm 1 pat aparrnand grift (ut) daSt hamak tozttm i (1 3) 
pitar bavet ut peSemar toziSn ha£ harv ke kamel xvast patixSay ut oy ke hac-is" (14) 
xvast be bahr I xveS apankan hac hambayan apa£ raset be an I pat rurmat J (15) 
katak-xvatav estet ayap an ke ka-S toziSn haf-iS xvahend hac hambayan apa£ (16) 
raset enya ha£ evak ne patixSay xvast. 

59. 16 — 60, 1: 

Ut ka pus evac evak an65 u-S (17) pit xvastak dahel gyake nipiSt ku har\' £iyon-iS 
dahet pat (pat) xvastakdarih (1) dat bavet. 



~ne yahjad) ordinu! -number of this chtipier — 41 — is placed in line 10. 



150 



TR.4NSLATI0N 



58, I-J — 16: 

If Farraxv receives Aturfarnbay from a certain person, as a slave (= loco servi), 
Ihcn on the occurrence of Farraxv's death, Farraxv's heirs shall give AturfarnbaY 
back. 

58, 16—59, 1: 

In addition to a woman, a slave, and a minor, others from the same category axe 
also to be considered insolvent unless it is evident that they are solvent. Except for the 
cases where they are unquestionably insolvent, they should be considered solvent. 

59, 1—10: 

Mahvindat has said the following: if Farraxv and I (on one side) and Mihren and 
you (on the other) take money as a loan ('debt') from AturfarnbaY and conclude the 
agreement that we are co-guarantors one for the other (= one pair for the other — 
.4. P.), then this is the effect of (such an agreement): if Farraxv proves insolvent, 
AturfarnbaY shall address himself to Mihren for a claim against me, and if Mihren 
proves insolvent, then (AturfarnbaY shall address himself) to Farraxv for a claim 
against you. If the declaration: "we are each other's warrantors (warrantors 'one for 
the other')" has been made, then what has been said is: "we are reciprocally obliged 
to pay", and solvency or insolvency are not taken into account. And he (= Mahvindat) 
has also said this: if this declaration has been made; "we are each other's warrantors 
(warrantors for each other)" and Farraxv proves insolvent, and AturfarnbaY brings a 
legal action against Mihren for the settlement of the debt, then — should Farraxv 
subsequently become solvent — AturfarnbaY is entitled to break off this legal action 
and bring a claim against Farraxv. This problem was resolved in this fashion by 
Vehpanah the (h)andarzpat of the Magi, as I have read ("seen") in the Nipistak. (Cf. 
supra 57, 2 — 12). 

XLI* 

59, II: 

Chapter concerning inherited possessions (or "concerning heirs") 

59, 12—16: 

If a son inherits (merely) one drahm of his father's estate and possesses it, then 
he is liable for his father's entire indebtedness and the plaintiff is entitled to claim the 
settlement of (the deceased man's) debts from whichever (of his successors) he 
pleases. And the one from whom he makes the claim shall receive everything back 
from his co-heirs minus his own share (in the settlement of the debt). Except in the 
case of the man who has an advantageous (position as against the other heirs) of the 
head of household [47], or if the one from whom the settlement of the (father's entire) 
debt is claimed receives back from his co-heirs (the sum laid out for their share of the 
indebtedness), (the settlement of the entire indebtedness) may not be sought from one 
of the heirs. 

59, 16—60, 1; 

If there is only one son in a family ("there") and the father has transferred the 
estate to him, then everything that he has transferred (= everything that the son ac- 
quires by transfer from the father — A. R) is given as an inheritance (= as to an heir). 



151 



M!!U:TFXJ- 



f.ll. 1—2; 

[Ul ka pus £and hasl u-san p;il cv yavar pat nhravdal xviisiak dnlicjt (2) lo/.isn 
bahr marina bavci ut mart-mart an i xvcs loziSn. 

60.2—3: 

Ul xvastak-loziSn bavend ut ka (3) pes ut pas dat paytak hat an I pas dat. 

60,3—5: 

Ut ka xvaslak 6 Sand mart i sahr pat (4) ev yavar pat xveSfh dahel hamgonak 
Ciyon an-ic I pus. Ut ka pal yul bahr dahel hamgonak (5) tiybn an-iC i pus. 

60, 5—7: 

Ul ka 6 Sand pus pal xvastakdarfh dahel ef ka pe5 ut pas dahel (6) ut ef ka pal 
evbar dahet hamev hamak tozisn hend. Ut ka 6 mart I Sahr pat xvastak(7)darih dahet 
hamev xvastak-lozisn hend. 

60,7—10: 

El ka pus el ka mart I sahr pat (8) 3 gbpilnlh g6(3et ku xvastakdar horn hamev 
xvasiakdar bavet. Ut ka anatian (9) ut go(5el ku xvastakdar horn £i$-i£ ne bavet. 

60, 9 — 10: 

Pat apam rah 6 xvastak bavet (10) pat aptom be Suf . 

60. 10—16: 

Ka pus xvastak pat xvastakdarih grift ut ka (an I) be (11) grift hat an I xveg 
hammis pat tozisn ne bavandak bavef hakar andar an e tozisn xvahend (12) Ka 
xvastak pat xvastakdarih be grift pal an I ne bavandak rah 6 xvastak bavet J (13) h a£ 
pit aptom be sut hakar andar an e tozisn xvahend ka-5 xvat haE xvastak pat (1 4) 
xvastakdarih grift and wastak l andar an e ka tozisn xvahend ayon sin estei (15) 3cu 
an i par(j)ext pat tozisn ne bavandak handoxt pal an 1 pat an a5venak ne bavandak 
rah o ( 1 6) xvastak bavci I hat pus aptom be Sut. 



152 



IP 



TRANSLATION 



60. 1—2: 

[And if there are several sons and (the father) transfers a thing for a pious pur- 
pose to them at one time (= to all of them together — A. P.)], then payment shall be 
made in accordance with the shares and each of them shall pay his share (of the 
common debt — A. P.). 

60. 2—3: 

And they are obliged to pay (their late father's debts). And where it is known 
what was transferred earlier (out of the father's estate) and what later, (then the set- 
tlement of the debt should be made starting) from what was transferred later. 

60. 3—5: 

And when he transfers a thing to several fellow-citizens (= members of the same 
community) at one time (= together — A. P.) as personal possession /(their) own 
property, then (the decision in this case is) the same as in the case of sons (cf. supra 
60, 1 — 2). And where he transfers a separate share to each, (the decision) is the same 
as in the case of sons. 

60,5—7: 

If he transfers an estate to several (of his) sons as an inheritance, then each of 
them is obliged to pay (his father-Iegator's) entire indebtedness — whether he has 
transferred /bequeathed (the estate) to them separately or has transferred /bequeathed 
(it) at one time (= to all together). And when he bequeathes a thing as an inheritance 
to fellow-citizens (= members of the same community), then each of them becomes 
obliged to pay (the legator's debts, but only within the limits of the legacy acquired by 
him — A. P.). 

60, 7—10: 

Everyone — be he a son or a fellow-citizen — who has spoken three times the 
(formula of) declaration: "I am an heir", becomes an heir. And if an insolvent person 
declares: "I am an heir 1 , then this has no effect. 

60, 9—10: 

At (the settlement) of a debt, payment should be made (starting) from that thing 
(lit. "regression takes place to that thing") which was last alienated by (lit. "last left") 
the debtor. 

60, 10—16: 

If a son has received an estate (from his father), and if the estate he has received 
together with the one which is his own (= the one accumulated by him — ■ .-4. P.) are 
insufficient (for the settlement of the father's debts: a) if settlement (of the debts) is 
demanded of him at the moment when he receives (his father's) estate as an inheri- 
tance, then the claim for the coverage of the deficit (= for the sum lacking to settle the 
debt) shall bear on the thing of which the father disposed (not in the son's favour — 
A. P.) last (lit. "which went last from the father"); b) but if settlement is demanded of 
him when he has already disposed in such a fashion of part of the estate received by 
him as an inheritance (lit. il part of the estate has gone from him in such a fashion") 
that what remains in his hands ("to him") proves ("adds up" as) insufficient to settle 
the debts, then the deficit so created shall be covered through a claim bearing on the 
thing of which the son disposed last ("which went last from the son"). 



153 



MUD: TliXT 



61). 16—61, !; 

Aydcn(an) nc hamfik to/.isn be .vvastakjdar) (17) bavend. Aydcnan be ciyon-iali 

stur nc gumariSn ul fin £i§ t pal rah i zahakih ul patvand ()) apavct [ da]rcnd(7) 

cnya-5!in aparik dataslan oyon fryon an i vehdenan. 

61, 1—3: 

Pus zlvandakan pit] (2) xvaslakdarih I pit oh bavct u-s apam loziSnih pat and 
malak bavct cand xvastak (3) daret. 

61, 3—5: 

Kalak-xvalay ka fra2 (savet) u-S xvastak 6 zan ul frazand cton dahet <i ka) (ku)- 
(4)san pat aparmand raseh a5ak-5an elon baveh ayap-san pat bahr dahet xvastakdar 
(5) bavend. 

61, 5—7: 

Ka andar zlvandakih xvastak pat bahr ayap harngonak £iyon pat aparmand bavel 
dahet (6) pat an xvastak xvastakdar hend u-san apam I pes hac an e ka-£ xvastak be 
' dat (7) stat vicarisn u-san ham and viEarisn cand xvastak daret. 

61, 7—9: 

: - Apak ani nipist ku (S) pus zlvandakan pit xvastakdarih I pit oh bavet u-s apam 
: -" tbziSnlh pat and xvastak bavet (9) cand xvastak daret nikeritan. 

61, 9—12: 

(Hac)"? Pesakser gofiend ku mart I sahr ka-s xvastak (10) dahend be ka gopei ku 
xvastakdarih kunom enya ne xvastakdar pus be ka gopet (11) ku ne kunom enya 
xvastakdar mart I sahx ke + -s (Ms.: MNs < MNWS) xvastak pat xvastakdarih avis (32) 
dahend apam I pes + (Ms. 'HR = pas) hac dat oh apayet vicanan. ' t 



61, 12—14: 

Duxt ka-s pit xvastak dahet (13) be ka-s pal arz. ut xveslh dahet enya harv 
aovenak ciyon-is dahet bahr dat bavet (141 u-s rah 6 an I dit nc bavct. 



154 



TRANSLATION 



60, 16—61, 1: 



Non-believers (= non-Zoroastrians) are not obliged to settle all (the debts of a 

deceased Zoroastrian-head of household as this must be done by his successors 

-4. P.), (just as) they (also) do not become his heirs. As regards non-believers — ex- 
cept for the fact that they shall not be appointed sturs, as well as for everything which 

comes/is due in line of direct family succession or (agnatic) kinship [ they 

hajve (?) — decisions concerning everything else are the same as those for Zoroastri- 
ans. 

61, 1—3: 

puring (his) father's lifetime, a son] may become his father's heir (= a simple 
heir but not a successor — A. P.); and (in such a case) his settlement of his father's 
debts must be carried out in accordance with the value of the estate that he possesses. 
[cf. the correspondence of 61, 7 — 9 with this article — A. P.). 

61, 3—5: 

If a head of household dies having bequeathed his estate to his wife and children 
as follows: "let it pass to them as my successors ('in succession')!' 7 , then they become 
heirs — whether it was bequeathed to them in this fashion or whether he gave (it) to 
ihem as (inheritance) -shares. 

61, 5—7: 

If (a head of household) transfers (= bequeaths) his estate as (inheritance) -shares 
in his own lifetime, or as (this) happens, on the basis of succession (/. e. as an en- 
dowment for his succession — A. P.), then they are heirs as regards this estate and are 
liable for the debts he contracted before the time that he transferred the estate. Arid 
they are obliged to pay within the limits of the value of (the) estate which (each of 
them) possesses. 

61,7—9: 

In addition to other (things) it is written that (if) a son becomes (his) father's heir 
during the father's lifetime, he is liable for (his father's) debt to the extent that die es- 
tate in his possession (makes it possible). Take note! (cf supra 61, 1 — 3 — A. P.J. 

61,9—12: 

It is said, (with a reference to) PeSakser, that if a fellow-citizen (= a member of 
the same community) does not declare (formally): "I shall be an heir", at the time that 
a thing is transferred to him, then he does not become an heir. But a son becomes an 
heir unless he declares (formally): "I shall not be an heir'. A fellow-citizen to whom 
an estate is transferred /bequeathed as an inheritance is obliged to settle the debts 
(contracted by the previous owner/ possessor) before the transfer. 

61, 12—14: 

If a father (conveys) a thing to his daughter, then — except in the case where he 
gives it for money ("by value") and in ownership when he transfers it in any other 
manner, (the thing) is conveyed to her as an (inheritance) -share, and she is not enti- 
tled to lay claim to another thing. 



155 



hillD: TEXT 



(A, 14—16: 

Pus be ka-s pat ahravdal ul xvcsih dat* (15) cnya-s pat xvaslakdarlh dat bavct be 
ka gopct ku-m bahr rao pal bahr hangarisn (16) hac bahr hangarisn 6 to dat cnya-s nc 
bahr ra5 dat bavet. 

61, 16—62, 2: 

Vahram guft ku-m (17) Eton asniit ku-san pat kartak oyon kart ku duxt-i£ cton 
fryon pus-e(v) be ka go(3ct (1) ku-m bahr rao pat bahr hangarisn hac [bahr] hangarisn 

5 to dat enya-[s ] hat an (2) oh bavct. 

62, 2—+: 

Ut Vayayar gyake oyon nipist ku pus ut duxt ka-San pit xvastak pat sturih (3) avi- 
s dat patigirend a5ak-san aparmand oh bavet ut ka mart xvastak pat xvastakdarih (4) 

6 mart I sahr dahet ut patiglret hamak tozisn [48]. 

62,4 — 6: 

Ka goflet ku-m ta 10 sal ayap goPet (5) ku-m pas hac 10 sal bahr I pusih ra5 en 
xvastak 6 to dat bahr I pusih fraskartlk (6) dat bavet. 

62, 6—7: 

Ka goflet ku-m en xvastak 6 pus dat pat xvastakdarih (7) dat bavet. Ka goflet ku- 
rn pat xveslh dat ne pat xvastakdarih dat bavet. 

62, S— 10; 

Dutak katak-banuk ka-s pat bahr ut xvesih ut et + ka-s pat bahr ut sturih dahet^ 
aparmand (9) hamdatastan but hend ku be pat rah I 2 kasih enya-s ne bavet. Gyake 
nipist (10) ku zan ke soy xvastak pat bahr avi-s dahet bahr vindat bavet. *', 



62, 10—12: 

Apar Data(ll)stan-namak oyon nipist ku ka xvastak pat sturih 5 duxt I xves 
dahet an (12) duxt aparmand I hac pitar be pat rah i 2 kasih ne bavet. 



156 



f? 



TRANSLATION 



61, 1-1 — 16; . 

(An estate conveyed by a father) to (his) son is transferred to him as an inherited 
possession (= as an inheritance) unless he conveyed (this estate) to him as a founda- 
tion for fixed purposes of pious character or as (his) own personal possession. Except 
in the case where the declaration has been made: "I conveyed (it) to you, considering 
it a share, as an (inheritance)-share, so that it be considered an (mheritance)-share", 
the estate is not transferred as ("for", "for the sake of) an (inheritance)-share. 

61, 16 — 62. 2: 

Yahram has said: [ know that they decided in accordance with procedural regu- 
lations (or "according to the procedure") that the position of a daughter (in this con- 
nexion) is analogous to the (position of) a son. Except where (the father declares: "I 
have conveyed a thing to you, considering it an inheritance- [share], as an 
(inheritance)-share, so that it be considered as an (inheritance)-share" J [the thing ... 
] (after) this (?) becomes /passes(?). 

62, 2 — |. : 

And "Vayayar has written thus in one place: if a son and a daughter accept the 
estate transferred by (their) father for j-rwrship, they become his successors [48]. And 
if a man transfers a thing to a fellow-citizen as an inherited possession, and (the lat- 
ter) accepts (it), then he is obliged to settle the entire debt of the conveyer. 

62,4 — 6: 

If he declares (the following): "I shall give this thing to you as a son's share (of 
the inheritance) after a lapse of ten years", or he declares: "I (shall give this thing to 
you) before ten years have alapsed", then the son's share is conveyed forever. 

62, 6 — 7: 

If he declares: ; 'I have given this thing to (my) son", then (this thing) is trans- 
ferred as an inherited possession (But) if he declares: "I have given (it) as (your) own 
possession /as personal property 51 , then (the thing) is not transferred as an inherited 
possession. 

62, 8—10: 

(All the authorities) have been unanimous that if (on the occurrence of his 
death — A. P.) (he) transfers an estate to the mistress of the house — either as an 
(inheritance)-share and as (her) own/personal possession, or as an (inheritance) - 
share for .rri7/-ship — then she may become his heiress only jointly with another per- 
son (lit. "v/a two people" = jointly with one of his kinsmen — .4. P.). It is written in 
one place that a wife to whom (her) husband transferred a thing as (her) share (in the 
estate) has acquired the share. 

62, 10—12: 

It is written thus in the Datastan-namak: if a father transfers a thing to (his) 
daughter for jr/urship, then she may become his heiress/acquire his inheritance only 
jointly with another person (lit. "via two people"; /. e. when there is another successor 
in her father's family — A. P.). 



157 



Mill J: TIL\T 



62. 12—15: 

Duxt ka pal dulnk i (13) pilnran u-s xvaslak i pilnran pnl xvaslnkdfmh grift 
ui dast but kc gufl (14) ku la Soy kuncl cton cr/6n pus. Ul ka-5 Soy kart a-s *\>a- 
sasd.ydna- pal kar-(15)vindisn nc bavct bc-S" pal rah I agraflth lozisn and cand xvaslak 
darct oh kunisn. 

62, 16—63, 1: 

Pus duxl ut katak-baniik anoo hac kalak-banuk nc be hac pus ayap duxt an kc 
kamel xvasf (17) patixsay ul ka hac pus ayap hac duxt be xvahct 6y kc hac-is xvahct 
hac hambayan bahr ( 1 ) apac [stinjet. 

63, 1—3: 

[Katak-banuk ul duxl] an xvastak I pes ha£ an ka-5an soy kart pit [ul soy] (2) 
apam siai hac pit Say sahan sah 6 xveslh mat lozisn i pit ut soy be nc (3) vicarisn. 

63, 3—4: 

Gyake nipist ku ka hac dutak tozisn xvahend ut evac duxt 1 pat dutak hamak (4) 
lozisn ka-5 soy kart ka-c-is ne kart. 

63, 4—5: 

Gyake nipist ku ka-c pus ut duxt ut kaiak-banuk (5) hamahl bavet xvap ut ka-£ 
yut-yut bavet xvap ut duxt bahr mariha tozisn ut 'ricarisn. 



XLI3* 

63 r 6: 

Dar I xves but suft. *i 



* Tli is chapter cirri a? die (ahjad) ordinal-number 42. 



IDS 



^. 1 ...... 






nuNSHTroN 



62, 12—15: 

If there is one daughter in the father's ("fathers'") family, and (if) she has re- 
ceived (a share from) her father's estate as inheritance, and she possesses it, the 
opinion which has been given (is that) (her position as heiress — A. P.) until she 
marries is equal to (the position of) a son. But if she is married, then she does not 
have unlimited rights on the use of the income (from the inheritance she has re- 
ceived — A. P.; lit "as regards the income, she is not a taker and disposer as she 
pleases"); but as regards claims (against her father's debts), she is obliged to pay them 
within the limits of the estate she possesses (= of the portion she inherited from her 
father — A. P.). 

61, 16—63, 1: 

If there are in a family ("there") a son, a daughter and the mistress of the house, 
then he is entitled to claim whatever he pleases (out of the father's house) from the 
son or from the daughter, hut not from the mistress of the house. And if he demands 
(= the settlement of the late father's debt) from the son or from the daughter, then the 
one from whom he makes the claim shall receive back from (his/her) co-heirs (their) 
share (in the common indebtedness). 

63, 1—3: 

[A mistress of the house or ("and") a daughter] is not obliged to convey ("pay*') 
as settlement of her father's or husband's debt that which the father [("and") or hus- 
band] received as a loan ("debt") before the marriage (and which then) passed to her 
as (her) own property (or "as a personal possession") from her father, (or) from her 
husband, (or) from the King of Kings. 

63, 3 — k 

It is written in one place that if the settlement (of the financial obligations of the 
late head of household) is demanded from the family, and (this) family consists of 
only one daughter, then — whether she be married or not — she is liable for settling 

the entire debt. 

* 

63, 4—5: 



It is written in one place that if the son, the daughter and the mistress of the 
household are partners (in the settlement of the indebtedness of the late head of the 
family — A. P.), then — this is good (= lawful); and if (the settlement) is made sepa- 
rately — this is good. The financial obligations of a daughter (= as regards the in- 
debtedness of the father-cfe cuius — '-A. P.) and their settlement shall correspond to her 
share (in the common inheritance). 



XLI3* 

63,6: 

Chapter concerning declarations regarding the ownership (of a thing by a certain 
person). 



159 



MUD: TEXT 



63, 7— K: 

Gyakc nipiSl ku ka kart ku 6y kc Mihrcn xves bul goficl xves (fi) ul Mihrcn (i) 
(man) xves bul goficl go fiiSn kar nest ut nok gofiiSn guflan xvap. 

63, 8—12: 

Ka + (19) xvastak 1 nem. Aturfambay ul aparik Mihrcn xves ut Aturfambay nem 
ev ra5 kart ku oy kc Miluen (10) xveS but gopcl xves gopisn ka nc cry on nipescl ku-m 
an (nem T) Aturfambay by kc man (11) xves but ra5 gopom xves but ra5 guft be oyon 
nipeset ku-m nem (12) merak + xves but rao guft an nem I-s xval xves dat bavcl. 

63,12—15: 

Ka gopet ku en xvastak Farraxv ut et ke Farraxv xves but ra5 g5{}et xves heB 
bavet (14) xvastak I Farraxv gbfiisn apar gdflet nem pat Fairax\' estet ciyon goflisn 
hakar mart 1 ra5 (15) gopet nem ut hakar 2 mart ra.5 gofiet pat 3 bahr ev bahr xves. 



63, 15—17: 

(Ka) gbpisn by on gopet ku (16) xvastak I merak 6y ke man xves but ra6 gofiom 
xves but ra5 guft merak (17) xves hep* bavet (merak xve$). 

63, 17—64, 2: 

Apak an! gyake nipist ku ka gofiet ku kas ke 16 xves" (1) but (ra5) gopeh xves hep* 
bavet [ xves] but (2) ra5 gopet a5ak-ic x\'ap nikeritan. 

64, 2—9: 

Ka katak-xvatay andar zan I patixsaylha vieir (3) avast ku en xvastak 6)- ke to 
xves but ra5 gofleh xves" he|} + bavet (4) ut pas hac an (h)andarz kunet ut pat (h)andarz 
xvastak 6 kas dahet ziyanak apar (h)andarz be (5) estet ayap hac xvastak apesa:cvan 
but estet pas-ic ka ziyanak an xvastak (6) kas xves but ra5 be gofiet pat arf gopisn an 
xvastak be raset (ut) ape(7)saxvanlh ra5 yutiar be ne bavet ta ka-s 6y ke xvastak xves 
but guft (S) estet an xvastak apac avi-s dat et ra5 ce-s pat (h)andarz apar estat (9) estet 
apar patkartan ne tuvan. 



160 



TRANSLATION 



63, 7—8: 

It is written in one place that if (the following) declaration was made: "(the given 
tiling shall) belong ('belongs') to the person whom Mihren designates as the posses- 
sor (lit.: v of whom Mihren says that it is his')," and (if) Mihren declares that he is 
himself the owner (of that thing); then (this) declaration (made by him) is null and 
void, and (the possibility granted to him) of making a new declaration is lawful. 

63, S — 12: 

If one half of a thing belongs to Aturfarnbay but the other to Mihren, and (if) 
Aturfambay made the following declaration regarding one of the halves: "(let it) be- 
long to the one of whom Mihren says: it is his", and if he (= the scribe drawing up 
Mihren's subsequent declaration — A. P.) writes down not: "I (convey) the (half) re- 
garding which Aturfarnbay said that it belongs to the one whom. I name as posses- 
sor/owner", but "I have declared that half of the thing belongs to (this) man"; then 
(as a consequence of the second formulation of the declaration), the half (of the thing) 
conveyed shall be the one which belongs to him (= to Mihren — A. P.) personally. 



63, 12—15: 

If he makes the following declaration: "let this thing belong to Farraxv and to 
the one whom Farraxv names as (its) possessor/owner!' 1 , then, as regards the thing 
concerning which (Farraxv makes a subsequent declaration), half of it shall belong to 
Farraxv, if he states in (his) declaration that (this thing belongs) to one (other) person, 
but if he declares that (the thing belongs) to two (other) persons, then his ownership 
thereof shall be one third. 

63, 15—17: 

If he makes the (following) declaration: "let the thing — regarding which (this) 
man declared that it belongs to the person whom I shall name its owner — belong to 
that man", (then it must belong to the man so designated). 

63, 17—64, 2: 

At the same time it is written in one place that if he makes the (following^ decla- 
ration: "let it belong to the man whom you name as (its) possessor!", [ ] 

he declares, that (the thing) belongs ( ), then this is valid. Take note. 



64, 2—9: 

If a head of household has made ("sealed") the following contract with his wife 
from a patixsaylh-manitige: "let this thing belong to the one whom you name as its 
owner", and afterwards he (= the head of household) makes a will and conveys (this) 
thing through (his) will to some man, whereas the wife is passed over ("remains out- 
side") in the will or is dispossessed ("is recalled, dismissed") of the thing; then, if the 
wife subsequently makes a declaration concerning the ownership of that thing by (a 
given) person (other than the one indicated in her husband's will — A. P.), this thing 
shall go (to him) as a consequence of (her) declaration, and the ousting of the wife 
does not alter the transaction, unless the one whom the wife named as the owner re- 
turns the thing on the grounds that he cannot contest (or "challenge") what is laid 
down ("included, stands") in the will. 



161 



MUD: THAT 



64. 9—15: 

Riil-Ohrmi/.d gufl ku ka Mihren goficl ku (Hi) en xvastak by kc Farraw xves hi'il 
rao goficl xveS hefi bavct ul pas hac Can) Farraxv (11) xvaslak-c(v) be 6 Dni-Farrnxv 
froscl ut palman kuncl ku hamc(v) ka druvisl nc (12) darom ansahrik kc Mihren ;"in 
gofiisn apar guTt lo xvel hefi bavct ul ka-c gopct (13) ku hamc(v) ka an xvastak dru- 
visl nc darom aoak-im an ansahrik to xves bul ra5 (14) gufl ka xvastak druvisl nc 
dnrct an ansahrik pal an gofiisn be savcl. Vahram (15) gull ku ves uskarlan apaycl. 

64, 15—17: 

U-s cn-ic gufl ku ka gofict ku{m) en la to (16) kas xves gofich to xves hefi b:ivct 
ka kas xves bul be (17) goficl apaE 6 bun savcl. Ut ka nc gopct a5ak-is ta zlvandakih 
pal-is eslel ut pas (apac o bun savel). 

65, 1: 

...) afSurt cton gufl ku pal 3 bahr 2 bahr dat*. 

65. 1—2: 

Ka go pet ku xvaslak I man xves (2) 3 bahr yumay Mihren to xves pat 4 bahr 3 
bahr dat apar kart. 

65, 2—6: 

Vehdat oyon nipist (3) ku ka gofiet ku-m xvastak ev bahr 6 to dat be fr-yon Diplr 
gufl ku-s*(4) nem 1 be raset enya-san pat xvarastan vieir pat-is ne ut bahr ra5 tis-ic 

(5) paytak ne kart ka-c gofiet ku-m ev bahr 5 to ut ev bahr 6 to dat a5ak-i£ hamgonak 

(6) bavct. 

65. 6—7: 

Gyake nipisl ku (ka) gopei ku en xvastak yumay Farraxv ut Mihren to x\es (7) 

a5ak-is hamak dat bavet. 

65. 7—9; 

K.a gofict ku lo yumay Farraxv ut Mihren en xvastak (8) xves a5ak-is pal 3 bahr 
ev bahr dat bavel be ka mih enva'-San hamak kar bahrak (9) osmurt framut. 



* Only the end of the line has survived. 



1G2 



TRANSLATION 



64,9—15: 

Rat-Ohrmizd has said that if Mihren makes the (following) declaration: "let this 
thing (= a slave, vide infra — A. P.) belong to the one whom Farraxv shall designate 
as its owner", and if Farraxv subsequently sells some thing to Dat-Farraxv and con- 
cludes (the following) agreement with him: "if I do not safely preserve (this thing), 
then the slave concerning whom Mihren made (his) declaration shall belong to you", 
or if he says (= if the agreement with Dat-Farraxv is formulated as follows — A. P.): 
"if I do not safely preserve this thing, then the ownership of this slave by you (may be 
considered as) having been declared by me", (and) if he does not safely preserve the 
thing uninjured, then, as a consequence of this declaration, the slave must be trans- 
ferred ("must go"). Vahram has said that this must be carefully ('"well") investigated, 

64, 15—17: 

And he (= Vahram) has also said that if he declares: "let this thing belong to you 
until you declare that it belongs to another man!", then, if the latter makes a declara- 
tion of (its) ownership by (another) person, the thing shall return to its original 
owner [49]. But if the latter makes no (such) declaration, then the thing shall belong 
to him until the end of his life, after which (it shall return to the original owner or to 
his successor — A. P.). 

65, 1: 

...) brought, then it is said (thereby) that two-thirds have been transferred*. 

65, 1—2: 

If he declares: "three shares from my estate (shall) belong to you jointly with 
Mihren", then (he) has thereby declared the transfer of three-quarters (of the estate). 

65,2—6: 

Vehdat has written as follows: if he declares: "I have conveyed one share of a 
thing to you", then — except for the fact that half (of the thing) shall go to him, as 
was said by (the) Diplr — no decision concerning this (matter) is (taken) in ordeal- 
courts, and (the conveyer) has given no indication concerning the share in his, decla- 
ration (/. e. regarding which half is intended and what is included therein — A. P.). 
Similarly, if he declares the following: "I have conveyed one share to you, and one 
share to you (/. e. to a third person —A. P.]", the (transaction is treated) in the same 
fashion in this case as well. 

65, 6—7: 

It is written in one place that if he declares: "this thing shall belong ("belongs") 
to you jointly with Farraxv and Mihren", then this thing is transferred in (its) entirety 
fall, wholly"). 

65, 7—9: 

If he declares: "this thing belongs to you jointly with Farraxv and Mihren", then 
one third of the thing is conveyed to him (= the person to whom the declaration is ad- 
dressed). And he has conveyed to them the entire thing apportioned into (ideal) 
shares, unless (one of the persons designated) refuses (it). 



163 



MUD: TEAT 



65, ';— 11: 

Vahram guft ku ciyon-am asnut pal divan i oslandanh' (Ms.: "wst'nd'rsn') (10) 
ka nipiSt ku en xvastak yum ay an xvaslak apac 6 sfihikfin knrt ban.' 2 (11) pat apac 
karl 6 mar kart. 

65, 11—12: 

Ka gopct kii zan ut frazand I man hend ut zan (12) ul frazand 1 man bavend bah- 
rak 8 oh kuniSn. 

65, 12—14: 

Vahram guft. ku (ku) ka gop>et ku (13) frazand I ziyanak pat zanlh i man u-s zat 
ut bavet* et ra5 ka bavend ce yut hat zat + (14) a bavct bahrak 4 oh kuniSn. Mahvindat 
I Vazurgbutan guft kii bahrak 2 kunisn. 

65,15: 

Duxf (Ms.: BRH = pus) har\' evak 1 bahr evac I evakih pus (harv) evak ev bahr 
evac I do(v)ih. 

65, 15—17: 

Ka gofiet (16) ku en xvastak frazandan I to xveS ut frazand evak gyake nipist ku 
hamak be raset (17) £e evak-iE veh vehan paytak ut Vahram guft ku pal kaitak ne 
kunend. 



XLD3* 

66,2: 

Dar I sahiSn ut kamak doSlt. 



* 



66, 3 — 5: 



Ka gopel ku an I to sahet ayap an I to kamslT. ayap an r to pas(s)andeh ayap an I 
(4) to apayet harv 4 ev a5venak ut ka a5ak kamak ne doset ut mlrei x^'astakdaran 
kamak dosisn + . 

66, 5 — 6; 

Ka gofiet kii an I to gojieh to xveS be ka 6y gopet enya (6) ne Sayet. 



* The (abjcid) ordinal-number of this chapter — A3- — is placed in line 1 . 



1G4 



w&* 



TRANSLATION 



65,9—11: 

Vahram has said "as I heard /learned in the department For the management of 
royal lands (= the royal domain), if it is recorded that this thing has been confiscated 
('taken away') into the royal treasury, together with that one, then both these things 
(each of them) were entered into the register of accounts ('were registered, were taken 
into account') at their confiscation". 

65, U— 12; 

If he declares: "(let this thing belong jointly — .4. P.) to ray present wife and son 
and to the wife and son whom I shall have", then a division into eight (ideal) shares 
must be made. 

65, 12—14: 

Vahram has said that if he declares: "(this thing shall belong) to the children of 
the woman married to me, both (to the son whom) she has (already) bom (and to the 
one who) will be", then, since (the thing) shall go ("be apportioned"), as a result of 
this declatarion. to the one "who will be" separately from the one "already born", a 
division into four (ideal) shares must be made. Mahvindat I Vazurgbutan has said that 
the apportionment should be made (on the basis) of two (ideal) shares. 

65, 15: 

Each daughter receives one share, but only a single (one), each son (likewise re- 
ceives) one share, but only a double (one). 

65, 15—17: 

If he declares: "(let) this thing belong to your children", but there is only one 
child, it is written in one place that (the thing will go to him entirely (= as a whole, 
altogether), because even one (?) is evident (?). But Vahram has said that — ac- 
cording to judicial norms — (this) is not done. 

xLm 

66, 2: '* 

Chapter concerning the selection (of a thing) and the approval (= acceptance) of 
■a will*. 

66, 3—5: 

Whether he declares: "whatever you choose", or "whatever you wish", or 
"whatever pleases you", or "whatever you need", then all these four methods 
(formulae) are equivalent. And if he (= the acquirer) docs not declare his acceptance 
of the will at that time and dies, then (his) heirs should make a declaration of accep- 
tance. 

66, 5—6: 

If he declares: "whatever you name (= designate) shall belong to you", then this 
(/. e. the transfer of the real right — A. P.) is possible only in the case where he (= the 
acquirer) declares (his selection of a thing — A. P). 



1G5 



Ml ID: TEXT 



fid. 6— K: 

Ka goficl ku xvasiak i (\b) pat xvcsiii i man (ul) (Cand) ar/. 200 vahfik ar/.cl (7) 
(16) goPch 16 xvc§ pat cv yavar ul pal xvasiak and cand arz 200 vahak arzistan nio (K) 
gopcl patixsiiy dosit. 

66, 8 — 10: 

Ka gopct ku xvastai. man xvcs ut arz 200 vahak arzcl (9) to xvcs* hep" bavel pat 
cv yavar ul pal xvasiak £and arl 200 vahak arzct palixSay (10) dosil. 

66, 10—13: 

Ka gopet ku xvasiak I man xves an I Mihien sahel cand arz 200 (11) vahak arzct 
Mihren hep bavet ka Mihren an sahisn pal 70 be gopel (12) ul an I dil ra5 xvat sahiSn 
ne gopet be 6 Fanaxv dahel Farraxv sahiSn (13) be gopet x\'ap. 



66, 13—14: 

An 6 xvastakdaran raset I pal nlrmat enva an I ne pat (14) nirniai 6 xvastakdaran 
ne rasel. 

66, 14—17: 

Ka gopel ku xvastak I man xveS hakai (15) Mihien sahel Mihien xves hep bavet 
a-san/kasan~ (Ms.: 'S'n/'OQS'n) eton gufl ku ka Mihien sahiSn (16) ne guft ui pat 
baxl sut sahiSn pat gufl ut xvasiak pat xveSIh (I) XA-astakdaian (ut) (I) Mihien (1~7) 

daSt(an), 

66, 17—67. 2: 

Sahisn I 6 xvastakdaran raset an bavel ka gopel ku hakar to (1) sahet e? xvastak: 
to xves ayap aiu ka gopet ku xvastak I man xves an I to sahel (2) to xves kas ke an <I> 
sahisn avi-s dm an sahisn be patixsay dat. 



lGli 



TRANSLATION 



66. 6—8: 

If he declares: "(anything) valued at 200 (drahms) that you name (= declare to 
have selected from the estate belonging to me, shall belong to you", then — having 
designated a single time and only as regards a thing valued at 200 (drahms) — 
he (= the acquirer) is entitled to state his acceptance (of this declaration of trans- 
fer— A. P.). 

66, 8—10: 

If he declares: "let a thing belonging to me and valued at 200 (drahms) belong to 
you!", then — a single time and only as regards the thing worth 200 (drahms) — he 
(= the acquirer) is entitled to declare his acceptance (of the given transfer — A. P.). 
(cf supra 66, 6—8). 

66, 10—13: 

If he declares: "let anything valued at 200 (drahms) selected by Mihren (from) 
the estate belonging to me belong to Mihren!", and if Mihren declares his selection 
(and acceptance of a thing) valued at 70 (drahms) and makes no declaration himself 
concerning his selection (and acceptance) of the rest, but transfers (this right — .4. P.) 
to Farraxv; then, if Farraxv makes a declaration concerning his selection (and accep- 
tance), this is lawful (= valid). 

66, 13—14: 

Only that (declaration concerning the selection of a thing and its acceptance — 
A. P.) which is to the advantage of the heirs (of the acquirer — A. P.) passes on 
(extends) to them, whereas that which is not to the advantage of the heirs does not 
pass on to them. 

66, 14—17: 

t 

If he declares: "If Mihren declares his agreement to (= acceptance of the transfer 
of) a thing belonging to me, let it belong to Mihren!" certain (authorities, commenta- 
tors) have expressed themselves in this fashion: if Mihren did not declare his agree- 
ment/acceptance and died, the agreement should be considered as having been de- 
clared and the thing as belonging to Mihren's heirs. 

66, 17—67, 2: 

The right of an heir to declare his selection of a thing and his acceptance of the 
transfer consists in this (the following), that if he declares (thus): "if you declare your 
agreement (= 'if (it) pleases you") this thing shall belong to you", or if he makes a 
different formulation: "the thing belonging to me that pleases you shall belong to 
you", (then) the person to whom he gave the right of declaring his selection and (his) 
acceptance of the transfer may transfer (his) right (to another person). 



167 



A///D; TEXT 



67, 3 — 10: 

Ka Aturfambay xvastak 200 hac Farra.v\' ut Mihrcn apam stnncl ul patman cton 
kunet (4) ku ka an xvastak ne vi£arl cstct Suma xvastak I man xvcS an I Suma salict 
(5) and Cand 200 vahak aricl pal xveSTh ayap pat grafiakanih bybn £iyon suma sahet 
apac (6) kart patixSay het ut pas ha£ an Mihrcn pat baxt Savct u-S apurnayak pal 
dutak avcSan (7) apurnayakan (I) an dutak sardar Farraxv (utj Farraxv palkarcl kti 
man sahiSn ut sardarih-i2 1 apar dutak (I) (8) apurnayak ra5 be goflom hac SiyavaxS ut 
Rat-Ohrmizd be elon guft ku an sahiSn (9) (la) apurnayak purnay bavcnd guft nc 
Sayet uskartan apayel ku ka apurnayak evak 6(10) purnayih mat patixSay guft ayap in 
hame(v) 6 purnayih rascnd. 

67, 10—13: 

En datastan apak (11) ani nipiSt kii sahiSn an 6 xvastakdaran raset I pat nirmat ul 
ka pus (12) ut duxt purnay ut dutak katak-banuk an gyak a-San akanen kamak doSiSn 
ce ka yut-karnak (13) bavend xvastak be ne raset nikeritan. 

67, 13 — 6S r 1: 

Ka apak mart 1 patman kunet ku (14) vthman ciS pat en matak 6 to dahom ut ka 
an mart an ciS xvahet gopiet ku-m (15) xvastak hac sartak dat ne tuvan be-t aril 
xvastak pat an matak ssn-l apisparom (16) (ut pas)? andar aparlk kamak pat 
■"OX^ (7) (i)? hamsartak dahet hac Rat be (an xvastak I) guft estet (17) ku ka an I 
aparlk hast ha£ an patixSay ka ne apisparet (ut ka) aparfk ha£ an **V ^ (?) (1) sahet 
pat an matak be apispariSn. 

68, 1 — 4: 

Ka apam stanet ut patman kunet (2) ku .xvastak I to pat xveslh (I) man sahet 
£and an xvastak vahak arzet an xvastak (3) ra5 T apac patixSay heh kait ut pat 2 yavar 
sahisn guft ut xvastak grift (4) (ne) patixSay. » f 



68. 4 — 6; 

Ut ka go£st ku xvastak man xves cand an xvastak vahak arzet (5) apac patixSay 
heh kart pat-it 2 yavar patixSay. Ut ka nem-e(v) xvastak giret nem-e(v) drahm xvahet 
ne patixSay. 



1G8 



TRANSLATION 



67, 3—10: 

If Aturfarnbay receives a thing (valued) at 200 (drahms) as a loan from Farraxv 
and Mihren and makes this (the following) agreement (with/ them): "if this debt is not 
setUed (by the expiration of the stipulated time-limit — .4. P.), then you are entitled to 
seize (as a forfeit; lit. 'to take away') whatever satisfies you (=you choose) amounting 
to 200 (drahms) from the estate belonging to me, (and take it) as (your) property 
(= personal possession) or as security (= antichresis — A. P.), whichever is more sat- 
isfactory to you" 1 : and if Mihren dies thereafter and there are minors (left) in his fam- 
ily and Farraxv is the guardian of the family's minors, and (if) Farraxv appears in 
coun (with the following declaration: "I (declare), my selection and acceptance of this 
(thing), and I make this declaration as ('for, because') the guardian of the minors in 
this family - '; (then) it is said (in the Datastan-namak with reference to the authority of 
the commentators — A. P.) SyavaxS and Rat-Ohrmizd, that such a declaration con- 
cerning selection and acceptance should not be made (until) the minors come of age. 
(And) it is necessary to clarify whether (this) declaration may be made when one of 
the minors comes of age, or whether one ought (to wait) until all of them come of age. 

67, 10—13: 

In addition to others, this decision is also written (=in the Datastan-namak — 
A. P.) that only a decision concerning the selection and agreement (to accept the thing 
conveyed) made (by the guardian of the deceased man's family — ■ A. P.) which is to 
(their) advantage passes on to (his) heirs. And if in this family there are a son and a 
daughter of full age as well as a mistress of the house, then they must make a joint 
declaration concerning their approval of the will (of the conveyer), since if there are 
disagreements among them, the thing does not go (to them). Note (this). 

67, 13—68, 1: 

If he makes the following agreement with a man: "I shall convey such-and-such 
a thing to you against this sum of money", and (if) when the latter claims the thing, 
he declares: L, I cannot convey to you a thing of this type, but I shall transfer to you 
another thing against that sum of money", (and if the latter subsequentiy?) expresses 
his agreement (or: "his wish") to (accept) another but a similar thing (?); it is said 
with a reference to (the opinion) of the rat, that even if (he) has another (thing of the 
same kind. — A. P.), he is entitled not to convey it, (but if the latter) declares his 
agreement to receive another object (?), then it should be conveyed against thq,t sum 
of money [50]. 

68, --1— 4: 

If he receives as a loan a thing /money and makes this agreement: "you are enti- 
tled to take anything belonging to me (and) having a value equivalent to this 
thing/money that pleases you for (against) this thing /money", then he (=the credi- 
tor) is (not) (cf infra 68, 4 — 6; 68, 6—8; 68, 9 — 12) entitled to effectuate in two in- 
stances both (his) selection of the thing, and (his) taking it (from the debtor). 

68, A — 6: 

If he declares: "You are entitled to take a thing with equivalent value to that 
thing (= /. e. the one loaned — A. P.)", then the latter is entitled (to do this) in two 
instances also. But if he takes a thing for half (the amount) and demands money for 
the other half, that is not allowed. 



169 



hUID:TliXT 



fiH, 0— K: 

Ut ani gyakc nipiSl ku ka goficl ku xvaslak 1 (7) to pat xvcSih I man snhct cand 
70 vahak arzcl to xvcs ka" xvaslak cv ]f) ra5 (H) nazdist 4 sahisn ut pas an i aparik pnt 
cand yavar sahiSn go[ici a5ak-ic patixSay. 

68, 9—12: 

Gyake nipill ku ka go(3ct ku xvastak T to pal xvcSfh (I) man sahct cand (10) arz^ 
70 vahak arzct to xvcs ka pal xvaslak cv ariT 10 vahak arzct ut frch (11) ne arzct sa- 
hisn gofiet xvap £c ka 7(1 pal 10 bar gopet aoak-i£ saycl (12) apak an I hacapar nipist 
nikeritan. 

68, 12—14: 

Gyake nipist ku ka gopet ku xvastak (13)1 man xves cand anT 200 vahak arzct I 
to kamerf to xves ut an ke avi-s go(3et (14) (ut) kamak doSet guft kamak pas xvastak 
pat 6y I (xvastak) (kamak doslt) xves: 

68, 14—17: 

Ka gopet (15) (ku) xvastak man xves cand arz 200 vahak arzet I merak sahet to 
xves ut merak (16) kamak ne doset a6ak-ic 200 paytak kartan (ut) be apispartan 
apayet ce pat an (17) matak tozisnomand. 

68, 17: 

Ka go pet ku" an I merak sane! to xves....* 

69, 1—3: 

[ ] pat duxtakanih eton be dat estet ku to-£ duxt ut man-i5 duxt (2) [ 

...] mart be pat hamdatastanlh I 6y I dit enya pat duxtakanih be dat ne (3) [patixsay ?] 
hend. 



69. 3—6: 

Ut apak am" nipist ku ka kunst ku-m en ansahrik harv 2 sal (4) [ev] sal 6 Mihren 
dat an ansahrik be pal hamdatastanih I akanen cnya azai (5) kartan ne patixsay ui ka 
evak bahr (I) xvcs pat xonsandlh I 6y dit azat kunet hama5ven (6) (hama5ven) azat 
nikeritan. 



* The urtidi: hrcuks ofTut this point. 



170 



TRANSLATION 



68, 6— S: 

It is also written in another place that if he declares: "a thing valued at 70 
{drahms) which belongs to me and pleases you shall belong to you", then if the latter 
first declares his acceptance of a thing (valued at) 10 {drahms) and subsequently de- 
clares his selection and acceptance of the remainder in several instances, that too may 
be done. 

63, 9—12: 

It is written in one place that if he declares: "any thing belonging to me (and) 
valued at 70 {drahms) which pleases you shall belong to you", if he declares his se- 
lection of a thing valued at 10 {drahms) and worth no more; then that is lawful, for 
even if he makes a declaration ten times (= in ten instances about his selection and 
acceptance out of a sum of) 70 {drahms), that too is permitted. To be examined to- 
gether with what has been written above. 

68, 12—14: 

It is written in one place that if he declares: "(whatever) thing belonging to me 
valued at 200 {drahms) which you desire shall belong to you", and if the one to whom 
he made this declaration declares his selection of a thing and liis approval of the dis- 
position (concerning the transfer); then, after the declaration concerning the approval 
has been made, the thing belongs to the person who (made the declaration concerning 
his approval of the disposition). 

68, 14—17: 

If he declares: "a thing from my estate valued at 200 {drahms) of which a certain 
man has declared that '(it) pleases (me)', shall belong to you", and the man (referred 
to) does not express (Ms) approval of (the given) disposition (/. e. does not declare 
specifically his selection of a thing — A. P.), then in this case also, it is necessary to 
make known and declare (a thing valued at) 200 {drahms) and give (it), since within 
the limits of that amount, he (= the conveyer) is obliged to pay. 

68, 17: 

If he declares: "whatever a certain man shall approve (= select) shall belong to 
you" *.... 

69, 1—3: 

[ ] is conveyed for adoption (as a daughter) in this manner (= according to 

this formula — A. P.): "both a daughter to you and a daughter to me", [(then) .] a 

man, they are not [entitled] to convey For adoption (as a daughter) without the consent 
of the one and of the other. 

69, 3—6: 

Alongside it is written that if he makes the following declaration: "I have con- 
veyed this slave to Mihren for one year out of every two", then this slave cannot be 
manumitted without mutual consent. And if one of them frees his share (= his share 
of the real right on the slave —A. P.) with the consent of the other, then note should 
be taken (that the slave) is entirely free (one year out of every two). 



171 



MUD: TEXT 



r.y. o— <;: 

(Ut ka kuncl ku-m xvaslnk harv 2) sal cv sal pat stunh (6 Fnrrnxv) ul cv" sfiJ 6 
Mihrcn dat Farraxv (7) (ul) Mihrcn yut yut pat an xvastak yd he pascacta oh bavct. 
Ut ka ha£ kust I bulak (8) be but andar butaklh pal xvcsih 6 mart-c(v) rascl hac en 
kusl pal xveslh ut hat (9) kust I dil pal sturlh rascl nikcrilan. 

69, 9—10 (Cf.26, 12): 

Gyake nipist ku sardarih I dutak T (10) pit I (patixsayiha) 6 pus T patigriftak nc 
raseL 

69, .10—12: 

Hat" pit 6 dutak I pus I patigriftak I ilvandakan (1 1) pit pal ba.\i £ul + ciyon hac" 
Pusanveh I Burzatur Fambayan be gufi xvast(ak) pat (12) aparmand oh raset. 

..... 69, 12: 

Duxt I patigriftak ayoyen I brat apar ne manet. 

69, 12 — 14; 

Apurnayak 1(13) patigriftak "Otart pit Ciyon Vahiamsat ut Rat-Ohirnizd guft hat 
kust I pit ke (14) patigrift. 

69, 14—17: 

Pus I patigriftak ke xvastak I pit I patigriftak pat xvastakdarih (15) glret hamak 
tSzisn. Ka pes haC pit (I) patigriftak miret aparmand (6) pit I (16) patigriftak Uybn 
hac Siyavaxs" be nipist ka-S zan ut apurnayak hast a-S oh (17) raset ut ka eva£ pus I 
purnay ano5 a-s ne raset. 

69, 17—70. 2: * 



Ka mart pus I apurnay (1) pat pusakariih be dahet ayap pat vahak be froset u-S 
anl kas nest [sriir oh] (2) giimarisn. 

70,2—3: 

Duxt be ka-s pit be dahet enva ka~S kas pat duxftakanlh patiglret] (3) cis-i£ nest 
(u-s) aparmand I pit I patigriftak ne baret. 



172 



TR4NSL-ITI0N 



69, 6—9: 

(If he declares the following: "out of every two years) I have conveyed (a thing) 
for jrwrship one year to Farraxv and the other year to Mihren", then Farraxv and Mi- 
hren. each separately, become the possessor of this thing on the basis of .yftfrship. And 
if (the rfw-sliip passed) through "natural" calling the thing goes to the man as a per- 
sonal possession (/. e. as a share of inheritance — A. P.); when it is through this line, 
(it is) as a personal possession; but when it is through another line (of calling), then it 
is as a possession for s/wrship. Take note. 

69, 9—10 (C/ 26. 12): 

It is written in one place that the guardianship over the family of the (natural) 
father does not go to the adopted son. 

69, 10—12: 

According to the opinion of Pusanveh I Burzatur FarnbayarL, the estate of an 
(adoptive — A. P.) father shall pass to the family of the adopted son who died in his 
father's lifetime as (his, i. e. of the adopter — and not of the adopted son who died 
earlier — .4. P.) succession (= patrimony). 

69, 12: 

An adopted daughter does not inherit the epiklerate of her (own — A. P.) 
brother. °i 

69, 12—14: 

As has been stated by Vahramsat and Rat-Ohrmizd, after the death of his 
(adoptive) father, an adopted (son) (comes under the guardianship of an agnate) on 
the side of the father who adapted him. 

69, 14—17: 

An adopted son who has inherited the estate of his adoptive father is obliged to 
settle all the debts (of his adoptive father). If he dies before his adopter, then the in- 
heritance of his estate passes to (his adoptive) father if , as has been written with a ci- 
tation of (the opinion of) SiyavaxS, he has a wife and minor children; but if there is 
only a son of full age in the family, then (it) shall not pass to him. 

69, 17—70, 2: 

[fa man gives (his) minor son for adoption to another person, or if he sells (him) 
for money ("for a price", "at a price"), and he has no one else, then [a stur] must be 
appointed. 

70, 2—3: 

Unless (her) father has given her up for adoption, even if some person [has ac- 
cepted to receive her as] a daughter, this has no (legal) force, (and she) is not called to 
("does not bear") the (charge of) the succession (/. e, the epikteraie) of (such) an 
adoptive father. 



173 



M!lD:TliXT 



70, 3 — 12: 

Mart I sahr |ka-i kas] (4) pnt pusih be patigirct ciyon Vahram guft a-S aparmand 
pal an zaman bavct jka] (5) an-ic" pat pusih I 6y kartan andar cstct. Cc pat pusih I 6y 
tuvanik nc 67611 bavct ciyon (6) ka zan I duiak slur pat paiixsayiha zanlh patigirct ut 
ka-c gofict ku-m pat (7) pusih paligrifl hch ul hac xvastak i man yumay zan" ui 
frazand i man ev bahr 16 xves (H) hac" an Ciyon 6y mart an xvastak pusih ra5 6 6y kas 
dat ka kas pat pusih I (9) 6y mart andar nc cstct a5ak-is an xvastak nc rasct tiyon 
Mahdat-Gusnasp I (10) Gyanafizot guft ka soy andar zan (1) £akar kunct ku-m pat 
patixsayiha zanlh (11) paligrifl hch pat en ku-s xvastak pal aparmand avi-s oh rasct 
pal Dara[i(12)kart vicir apar oh kunend. 

70, 13—14: 

Xvastak I apurnayak I patigriftak ka pal baxt savet (13) cry6n hac Rat-Ohrmizd 
be nipist 6 pit I patixsayiha rasct ul apak anl guft (14) ku pus I patigriftak a- 
patvand(?) hep bavet. 

70, 14—16: 

Apak-ic an nipist" ku pat slurih I pus 1(15) patigriftak ka by on be dat ku to-c pus 
pit I patixsayiha ul ka ne oyon be (1 6) dat estet 1 pit i patigriftak sazaktar nikeritan. 

70, 16—71, 2: 

Rat-Ohrmizd guft ku (17) ka Mihren mart I sahr pat pusih be patigiret u-3 
xvastak dahet u-s" xvastak (1) [ruvan ra5 be kunel?] be hakar 6y mart pat pusih I Mi- 
hren andar estet enya* (2) [tbzisn I pat apa]m I Mihren ha£ xvastak I ruvan apayet 

dat. 

71 t 2 — 4: 

Ka gopet ku (3) [xvasta]k frazandan (1) to xves gyake oyon nipist ku«pus-i£ 1 
patigriftak xves (4) fbavet]. 

71. 4—7; 

Martak nipist ku pus I patigriftak sardarih (f) dmak T pit I patigriftak {5) be pat 
rah (I) ev-" r kasih ul siurih cc hat kust I pit I patigriftak 6-s nc rasa (6) £e-s saiaklh <I> 
pat slurih (ut) (I) sardarih (!) hac datastan pusih ut dataslan bratarih be (7) sayel but 
ne hac kust I anliaran(7). 



174 



TRANSLATION' 



70, 3—12: 

[If anyone] adopts (his) fellow-citizen, then — as has been said by Vahram — he 
(= the adopted fellow-citizen) shall become the successor of his adopter only [if] he 
agrees to perform the functions of his son. Because the matter of his legal competence 
as the son and successor of that person is treated differently from (the case where) 
someone contracts a /7f5//x5avr/7-marriage with the wife- j/ur of a family. If he declares 
(the following): "I have adopted you and one portion of my estate shall belong to you 
jointly with my wife and children", then — inasmuch as that man transferred this 
estate to that person (= the fellow-citizen) as to a son ("for sonship") — if that person 
does not remain a son of that man, this estate does not pass to him. 

As has been said by Mahdat-Gusnasp I Gyanapzot: if a man makes (this) declara- 
tion concerning his cafcar-wife: "you are accepted by me into a pdtixSaylh-Tsxzmagz" , 
then a decision is taken in Dardflkart so that his estate should pass to her as an 
inheritance. 

70, 13—14: 

As it is written with a citation from Rat-OhrmizcL, the estate of a minor adopted 
son passes to (his) legitimate (= own) father. And in addition to other (things), it is 
said that an adopted son (formally) has no relations of kinship (with the family of his 
adopter? — A. P.). 

70, 14—16: f. 

Moreover it is also written that (the most suitable stur for an adopted son is his 
legitimate (= natural) father if he (the former) was given up (for adoption) with the 
pronouncement of this (formula) by his own father: "he is also a son to you". But if he 
was not given up (for adoption) in this manner [51], then the adoptive father is the 
one most suitable (to receive the sturship). Take note (of this). 

70, 16—71, 2: 

Rat-Ohrmizd has said that if Mihren adopts his fellow-citizen and conveys a 
thing to him, and the latter [declares] (this) thing [set-up as a foundation for the 
soul?], then — except in the case where that man remains Mihren's adoptetj son — 
[the settlement] of Mihren's [debts] is to be made from the thing set up as a fbunda- 
tion "for the soul". 



'71,2—4: 

If he declares: "(let) this [thing] belong to your sons", it is written in one place 
that (this thing) should belong to the adopted son as well. 

71, <1 — 7: 

Marrak has written that the adopted son shall not obtain the guardianship over 
the family of (his) adoptive father, except where he is the only one or if he has been 
invested with the j/wrship on the part of his adoptive father. For .r/urs and guardians 
should be (called) from among the sons "according to law" and the brothers 
"according to law" and not from outsiders (?) ("from the side of aliens"?). 



175 



MUD: TEXT 



XL\ 



71, 8: 



Dar I IP'lr ut tavan dahiSnlh ut ahravdat ut aluvanlkih cc andar past ui 
patman*. 

71,9—12: 

Ka gopet ku roc Anayran en frs pes I datapar 6 to dahom hakar ne dahom (10) 
tavan dahom ka paSt pat an a5venak kunet sc + (Ms: 'yvv — cvj ro£ak pal goP payisn -1 
ut ka goflet (11) ku dahom hakar yuttar + kunom tavan dahom hamev ka jut tar kan 
nam kunet se rocak pat goP (12) be* payi£n + 

71, 12—16: 

Ka gopet 200 ha£ xveS man vihman ut roc virunan 6 to dahom .(13) ut hakar ne 
dahom tavan dahom hamev ka l*M *° ayap tavan nam kunet matak ut tavan (14) ano5 
ut ka-c matak ahravdat go[3et be 1^1^ nam kunet a5ak-i£ harv 2 be dahisn (15) ut ka 
gopet ku-m 200 6 to dahisn ut ro£ vihman be dahom ut hakar ne dahom 300 be (16) 
dahom:a6ak-ic har\ r 2 be dahisn. 

71, 16 — 72, 3: 

Ka go|5et ku 200 pes (I) datapar 6 to dahom ut hakar ne dahom 300 be dahom ka 
pat an hangam ne dahet evac" (17) 300 ari65 £e-5 matak ahravdat guft ut Pit** nam ne 
kart. But ke guft ku ka (1) gopet (ku) 100 ro£ vahman be dahom ut hakar ne dahom 
eton kunom [200 dahom H^] (2) guft bavet ut ahravdat an bavet ka gopet ku hakar 
roc vahman 200 be [dahom] (3) enya eton kunom. 

72, 3—5: 

t 

Martak dyon nipist ku ka gopet ku hakar roc Ohr[mizd] (4) asp 6 to apisparom 
enya tavan dahom (I) but ke oyon guft ku ka (5) pes ha£ Ohrmizd ro£ asp be miret 
a5ak-ic tavan 6~ tozisn oh raset. 



* The (abjad) ordinal-number of this chapter — A5 — is placed in line 7. 



176 



TRANSLATION 



XLV 

71, 8: 

Chapter concerning the payment of smart money and fines, concerning transfers 
for charitable (or "pious") purposes, and concerning the incapacity to fulfil the condi- 
tions of (verbal) agreements and (written) contracts *. 

71, 9—12: 

If he declares: "I shall convey this thing to you in the presence of a judge on the 
day Anayran (and) if I do not convey it I shall pay a fine", then, if he formulates the 
agreement in this fashion, he (= the other party) must wait three days (counting from 
the expiration date stipulated). And if he declares: "I shall convey and if I act other- 
wise I shall pay a fine", in both cases if he acts in a manner other than the one de- 
clared (in the agreement) he (= the other party) must wait three days (counting from 
the one designated in the declaration of agreement before he demands the payment of 
the fine — A. P.). 

71, 12—16: 

If he declares: "I shall convey to you 200 (drahms) from (the means) belonging 
to me in such-and-such a month on such-and-such a day, and if I do not give (them) I 
shall pay a fine", then whether he stipulates smart-money or a fine (in both cases the 
obligation to pay) both the principal sum and the fine (is presumed) here. And simi- 
larly if he declares the transfer of the money (= the principal) for a pious pupose, but 
(at the same time) stipulates smart money; then in this case too he must convey 
(= pay) the one and the other (if he does not fulfil the obligation to transfer which he 
assumed — A. P.). And if he declares: "I assume the obligation of conveying to you 
200 (drahms) and I shall convey them to you on such-and-such a day, and if lido not 
convey (them) I shall pay ('give') 300 (drahms)"; then in this case too he must con- 
vey the one and the other (/. e. the original debt plus the stipulated smart-mo- 
ney— .4. P.). 

71, 16—72,3: 

If he declares (as follows): "I shall convey 200 (drahms) to you in the presence of 
a judge, and if I do not convey (them), then (I shall be obliged) to convey ('I shall 
convey') 300 (drahms)"', then if he does convey (them) within the designated, time- 
limit (or "under these circumstances"), (he will) then (be obliged to pay) only 300 
(drahms), since he declared the transfer of the principal for pious purposes and stipu- 
lated no smart-money. Certain (authorities) have said that when he declares: "I shall 
convey 100 (drahms) on such-and-such a day, and if I do not convey (them), I shall 
act in this manner [I shall convey 200 (drahms)]", (then) [smart-money] was 
(thereby) stipulated by him. And (a transfer) for pious purposes takes place when he 
declares: "either [I shall convey] 200 (drahms) on such-and-such a day, or I shall act 
in this manner". 

72, 3—5: 

Martak has written thus, if he declares: "cither I shall convey a horse to you on 
the day Ohrmizd, or I shall pay a fine", then according to the opinion expressed by 
certain (authorities), (even) if the horse dies before the day Ohrmizd, the fine must be 
paid in this case as well. 



177, 



MUD: TEXT 



72,5—10: 

Apak-ic {d) fin 1 Pusanvch i Bur/iilur Farnbnyfm guTi ku ka gofict ku la lint 
Suristan apac" (7) ayom en xvastak (i) (5 xvcs ut andar Asfiristan be mirci a-5 xvnslak 
apa£ (8) nc rasct ul Dat-Farraxv i Marbulan gufl ku-5 apa£ rase! cc cryon bavel £iyon 
(9) ka an gofict ku la apa£ 6 bun ayom lo dar ka mirct pal rnal i 6 (10) bun dfirisn, 

72, 10—13; 

Apak-ic an I hacapar nipisl ku ka gopct ku liakar rbl vahman Farraxv 6 lo (1 1) 
apisparom enya 200 be dnhom (ul) roc vahman pa! apispartan i Farraxv atuvaniklh 

(12) avinas ka-c pas (6) tuvaniklh rasct aoak-ic Ian nc apispariSn ut 200-ic nc dahisn 

(13) nikeritan. 

XLV1 

72, 13: 
DarItask + (Ms.:i7hk)*. 

72, 14—15: 

Ka goflet ku en xvastak ra5 task 400 6 lo dahom ka vaxt hambun-ic ne bavet (15) 
task pat bavandak be vicarisn. 

72, 15—16: 

Ka gopet ku cis xvastak (ra5) task 50 6 to dahom (16) ka hat xvastak (T) task 50 
re vaxt and dahisn cand vaxt. 

72, 16—17: 

Ka mart 1 xvastak pat task (17) patiglret gyake nipist ku pat an sal ka vizand I 6 
bun rasit ra5 vaxt (...) ** . 

73, 1—2: 

Ka 4 bar dros kart ut pas-it anl -vinas I pat an aSvenak kunet (2) [hakurt] hac 

zendan be ne hilisn. (Ut dros hamemaran xves)*** . , ' 

i 

73,2—7: 

Ka pes datafSaran (3) gofiet ku man ha£ ani mart I namcistlk ham(m)is dui kart 
an zaman duzit man darom (4) apar-ic avesan I aparik pat \"ikaylh sayet ce-s an 
gopisn ne pat rurmat I xves (5) guft. Ka gofiet ku man dui kart ut an zaman duzit 
avesan I aparik darend (6) apar avesan I aparik pat \ikaylh ne sayet ce-§ an go{3isn pat 
nlrmat ! xve5 (7) guft. 



* The (ahjad) ordinal-number of this chapier of -which only the beginning has survived, 
is 46. 

** The article breaks offal this point. 
*** The phrase in pointed brackets is devoid of sense and is presumably the result of a 
corruption in copying. 



178 



ggfc: 



TRANSLATION 



72, 5—10: 

In addition here is what has been said by Pusanveh I Burzatur FarnbayaiL If he 
declares: "this thing shall belong ('belongs') to you until my return from Babylonia", 
and if he dies in Babylonia, then the thing is not subject to return to him (;. e. to the 
disposer 1 heirs — A P.). But Dat-Farraxv I Marbutan has said that (it) is subject to 
return because this is the same as though he declared thus: "you possess it (= the 
tiling) until I return!", (and) if he dies, this should be taken as a return (= be equated 
with a return — A. P.). 

72, 10—13: 

In addition to what was set out above it is written that if he declared thus: "I 
shall convey to you (the slave) Farraxv on such-and-such a day, or convey 200 
(drahms)", (and if) he is guiltless of the incapacity of conveying (the slave) Farraxv 
on the day stipulated, then, even if he subsequently acquires the capacity (to convey 
Farraxv), he is not obliged to convey the slave, nor the 200 (drahms). Take note. 

XLVI 

72, 13: 

Chapter concerning the payment of rent *. 

72, 14—15: 

If he declares (the following): "I shall pay ('give') you 400 (drahms) for the lease 
of this thing", then, even if (the lessee — A. P.) has no profit, (lit 'increment, in- 
crease'), the rent must be paid in full. 

72, 15—16: 

If he declares (the following): "I shall pay you 50 (drahms) as rent for (this) 
thing", and if 50 (drahms) of income /profit is not received from the thing leased, the 
lessee shall pay as much as he received as income ("as much as there was in- 
come/profit ). 

72, 16—17: 

If a person accepts a thing as a lease, it is written in one place that in the* year in 
which, because of damage to the principal (= to the thing leased — A. P.), the bene- 
fit (...)**. 

73, 1—2: 

If he was punished four times with branding and subsequently commits one more 
offence of the same type, he must [never again] be released from prison***. 

73, 2—7: 

If he declares before judges: "I have committed a theft, together with a certain 
('a definite', 'a named') person (and) I hold stolen (things) at that time", (then this) 
may be taken as the statement of a witness as regards the other persons (involved in 
this affair — A. P.) as well, because he has not made this declaration in his own fa- 
vour. But if he declares: "we have committed a theft and the others (= the participants 
in the theft) hold the stolen (thing)", then this may not be taken as the statement of a 
witness as regards the others, because he has made this declaration in his own favour. 



179 



MUD: TEXT 



73.7: 

Znn i kasan apatix&ayiha gal lavlin 300 salcr. 

73, 8—9: 

Ka zan I mart 1 du2cl ut apatixSaylha gayct 700 (Ms.: 300 + 400) gat tavan ut (9) 
500 drahm du5. ra5 be dahiSn. 

73, 9—10; 

Ka apurnayak(an> runet 600 (Ms.: 100 + 500) drahm be dahiSn (10) ut 
apurnayak apac apispaiisn. 

73, 10—12: 

AturfarnbaY yamak-e(v) hat Mihi-Aturfambay be duzet (11) Aturfambay 
pasemar ne Savet (ut apumayakan) peSemar patixSay ka ta (12) ha£ pasemar nc sut 
haEaSmand bavet saxvan-namak haE kart muhr ne brinet. 

73, 13—74. 5: 

Ut gyake nipiSt ku ka pat datastan peSemar evak pasemar do saxvan-(14)namak 
ra5 6 pes dataparan deman kunend (ut) pat an deman pasemar evak ne evak (15) 
peSemar savet pasemar (I) o go(3 Sut + apar peSemar saxvan pat kar (16) raSenit ut 
peSemar apar pasemar I 6 gdp ne Sut (saxvan) pat ne amat/dat"7ra5enlf (17) cak da- 
hisn. Pat an hacasmand harv 2 andar an pasemarih I 6 gofi (I) ne Sut (1) [\iE]Ir 
kuniSn. Ut hakar an saxvan-namak brinihet a5ak an saxvan-namak andar p[asemar I] 
(2) b gbp (I) ne suf pat a-vavarlkanlh dariSn ut pat an pasemar I 6 sop (I) Sut apar (3) 
peSemar ( peSemar) saxvan pat kar ne raSenit cak dahiSn en-ic boziSn (4) £e pasemar 
gbpet ku ka pesemar saxvan-namak yutak be kart he (5) man en ziyan ne but he. 

74,5—9: '• 

Gyake nipiSl ku ka peSemar 2 pasemar (6) evak peSemar (evak) ne evak ut 
pasemar-it Savet pasemar apar peSemar I (7) Sut (saxvan) pat kar ne raSenit ut apar 
an I ne Sut saxvan pat ne amat cak dahiSn ut (S) peSemar ke ne Savet ziyan I pat ne Sut 
(ne) vicarisn £e-S xvat %inas (9) but ka-S saxvan-namak yutak nc kart. 



180 



TRANSL4TIOK 



73. 7: 

For adultery with another man's wife the fine is 300 saters. 

73, S— 9; 



If anyone abducts ("steals") a married woman and enters into an illicit sexual 
relation with her, then 700 (drahms) must be paid as a fine for adultery and 500 
drahms (as a) fine for abduction ( u theft"). 

73, 9—10: 

A fine of 600 drahms shall be paid for the deflowering of a minor and the minor 
shall be returned (to her family). 

73, 10—12: 

Aturfambay steals clothes from kChr-AtnrfarnbaY. Aturfambay does not appear 
in court as the respondent. (Then) as long as the trial is suspended ("in default") be- 
cause of the non-appearance of the respondent, the plaintiff is entitled not to affix 
(...)? his seal to the record of the deposition. 

73 r 13—74, 5: 

And it is •written in one place that if one plaintiff and two respondents are sum- 
moned to court for a session before the judges intended for the drawing up of the rec- 
ord (of the deposition), and if one respondent and one plaintiff appear ("betake'Ithem- 
sefves" to) at this session; then the respondent who is present at the judicial session 
must give a testimony set down in a written document, stating that the plaintiff par- 
ticipated in the (given) trial ("conducted the case"), whereas the plaintiff must present 
a (written) deposition regarding the respondent who did not appear in court. 
(specifically a testimony) that he did not appear. The decision on this "delayed" trial 
(or trial "by default") must be rendered as though both respondents had not appeared. 
But if a record of the deposition is made up, then this record is to be considered unre- 
liable as concerns [the respondent] who did not appear in court, and a document re- 
garding the fact that the plaintiff did not testify in this matter must be given to the re- 
spondent who appeared in court. And the decision rendered is such, since the respon- 
dent will say that if the plaintiff had drawn up the record in another manner, I shoulc 
not have sustained this loss. 

74, 5—9: 

It is written in one place that if there are two plaintiffs and one respondent, and 
(if) one of the plaintiffs and one respondent appear (in court), then the respondem 
must make a statement set down in a document: as regards the plaintiff (who ap- 
peared in court) — that he made no statement in (this) matter, and as regards the on= 
who did not appear — that he did not appear. And the plaintiff who did not appear at 
the court session shall pay far the loss sustained through his non-appearance, since he 
is the one at fault that the record of the depositions was not drawn up otherwise. 



J8i 



MUD: TILYT 



74. 9— 12: 

Ka pcscmfir pal an i pascmar (10) anbassan sn.wnn-njimak raocnit apak pascmar 
karl ku-l pal en saxvnn-namak hamcmarfl l)ih hep nc kunch pal-ic ani saxvan-nanink 
ra5cnisn apak pascmar pal an datastan guftan (12) nc tuvan. 

[Numberless] 

74, 12: 

Dar i yalakg6[}inak *. 

74 r 13—15: 

PatixSay kartan (el) ka gopet ku-m en xvasiak froxtan ayap en data(14)stan 
raSenltan ut sar kartan ra5 Gusnasp patixsay kart ul Gusnasp ne (15) patixsay pat an I 
Mihren Gusnasp patixsay karl ani mart patixsay kartan. 



74, 16—17: 

Ka go [lei ku-m yatakgop kart but ke gufi ku-s ta var kart but ke gufi ku-s (17) ta 
grap kart bavet. 

i 

•C: 

* 74, 17—75, 1: 

Ut ka gbpet ku-m akanen yatakgop kart net avesan (1) [ mar]t 1 yatakgop 

kunet /kunend xvap ka evak oy I dit yatakgop kunet ne xvap. 

75, 2—5: 

Ka yatakgop gumart estet pas anl-c yatakgop ul yatakgoP I pas gumart 6 (3) 
|M r*U 1 1 hamemaran gumart <lyt) hangam ta yatakgop I pas gumart 6 datastan savel 

(4) gufi ut kart I yatakgofl I fratom pat an datastan kar oyon hac-is kart fryonjka pas 

(5) hac an yatakbp (i) ne gumart he. 

75, 5— S: 

Ka pesemar pat xunsandlh I yatakgop I pasemar (6) datastan ast I g/yanvar-e(vY? 
(Ms.: y \t*V ) hat ra6cnisn hilet ayap datapar pat xunsandlh i yatakgop I (7) pcScmar 
ut yatakgop i pascmar ( yatakgop yatakgop I pasemar) g/yanvar-e(v)7 hac g6p visch 
(8) kunet xvap. 



* The ordinal-number of this chapter is not given. 



182 



TRANSLATION 



74, 9—12: 

If the plaintiff concludes with the respondent (such an agreement) as regards the 
opposition of the respondent (to the giving of a deposition) for the drawing up of the 
judicial record: "you will not participate in the trial to (draw up) this record of depo- 
sition", then he (= the plaintiff) may not. give a deposition for the drawing up of an- 
other record jointly with the respondent in this case. 

[Numberless] 

74, 12: 

Chapter concerning legal representation*. 

74, 13—15: , 

To provide someone with legal power — (this occurs) when he declares (as fol- 
lows): "1 have empowered Gusnasp for the sale of this thing", or "for the conduct of 
this legal case to its very end". But Gusnasp is not entitled to transfer to another per- 
son the empowering given to him by Mihren ("is not entitled to empower another per- 
son"). 

74, 16 — 17; 

If he declares (thus): "I have designated (such-and-such a person) as (my) repre- 
sentative", some (authorities) have said that his title as a representative is valid right 
up to the taking of an oath, but others have said up to (the presentation) of a security 
(= pledge /stake). ""■■ 

74, 17—75, 1: 

If he declares: "you are both ("jointly") appointed by me as (legal) representa- 

Uves : \ (then if) they [ ] act as (joint) representatives of one man, that is valid, 

but if they proclaim each other ("one another") (legal) representatives, then that 
is not valid. 

75, 2—5: 



If (one) legal representative is appointed and later another one, and the represen- 
tative subsequently appointed, to of the liugants is appointed, then until the sub- 
sequently appointed representative appears in court everything said and done by the 
first representative has the same force in this case as though a second representative 
had not been appointed. 

75, 5—8: 

If the plaintiff with the consent of the respondent's legal representative excludes 
("omits, leaves out") from the conduct of the case a ? part of the judicial proce- 
dure, or if the judge with the consent of the legal representative of the plaintiff and 
the legal representative of the respondent eliminates ("sends off/away, dismisses; 
cancels") a ? from the evidence given at the trial; then thai is lawful (= valid). 



183 



hi! ID: TEXT 



. 75, K: 
Yatakgop (!) gumarl cvaril) apaycl ut ka dalaparan fra£ pnligircnd cvar. 

75, 9—11: 

Ka pc5cmar ut pascmaT 2 mart akancn ut yul-ic yul yatakgop kuncnd harv 2 
yatakgop 6 (10) datastan Savcnd pal kartak yatakgofi cvak patigircnd. Ul ka 2 mart 
akancn yatakgop kuncnd harv (1 1 ) 2 pat dataslan apaycl but. 

75, 11—12: 

Ka yatakgop evak ha£ dit yuttar gdpend saxvan ne paiigiriSn (12) ut pal 
ha£aSmind darisn. 

75, 12—13: 

Ka katak-barulk ut dutak sardar pat ill vicir wast ka katak-banuk (13) dutak 
sardar <ut) yaiakgop kunet xvap. 

I 75, 13—14: 

" Ka diitak sardar katak-bamik-e(Y) yatakgop kunet ne (14) xvap u-s cim en ku 
katak-banuk tanlha pat cis I dutak ne ostapar. 

: - 75, 14—17: 

Harv an I (15) matakvaraii et aSvenak guft estet yatakgoPan an! abvenak guftan 
ne patixsay hend. (16) Ut ka gopend ne patigirisn ka patigirend hat yatakgoplh anaft 
bavet (ut) hac an I (17) pati grift 4 kar ne kuniSn. 

75 r 16—76, 1: 

Ut ka evac et + gopet ku-m yatakgop kan yatakgop pat raSenisn (1) ut yatekgop I 
xveS patixSay gumartanutpat an I (aparik) matakvaran ne patixsay. 

76, 1—3: 

Ka [pe&mar] (2) yntakgopih pal nuihr (\) pasemar ka-c 6 pasemar muhr asnitk 
aoak-it ne sayct (ut) vikay (Q (3) datastan apar ham datastan pat vatakgofJIh sayet. 



184 



TRANSLATION 



75, 8: 

A confirmation of the authenticity (of his mandate) is indispensable for a person 
appointed as representative of (one) of the parties in a case, and if the judge accepts 
him (as a representative), (then his right to appear in the case) has been authenti- 
cated. 

75,9—11: 

If the plaintiff and the respondent appoint two persons jointly and each of them 
separately as (their) legal representatives, and both representatives betake themselves 
to court, then, according to the rules of judicial practice, (the judges) will accept one 
representative (for each of the litigating parties — A. P.). And if two persons have 
jointly been appointed as representatives (of a single party— ..A P.), then both of 
them are obliged to appear in court. 

75, 11—12: 

If one of the representatives states .(at the trial) something different from what is 
asserted by the other representative (of the same party), then their testimonies may 
not be accepted, and the trial is to be considered as defaulted. 

75, 12—13: 

If a mistress of the house and the guardian of the family request a court decision 
(= bring action in court) concerning a certain thing or matter, and if the mistress of 
the house appoints the guardian of the family as representative, this is good (- valid, 
lawful). 

75, 13—14: 

If the guardian of a family appoints the mistress of the house as legal representa- 
tive, then this is not good (= not valid). The reason for this is that the mistress of the 
house is not entitled to (represent /conduct) the affairs of the family, alone. 

75, 14—17: 

Everything stated ("said") in a given way by the principal litigants, (their) repre- 
sentatives are not entitled to present otherwise, and should they state (otherwise), 
(their testimonies) may not be accepted. Should they be accepted, then (such rf person) 
is removed from the representation, and one may not rely on (the testimonies) which 
were accepted (lit.: "one may not act from what was accepted"). 

75, 16—76, 1: 

If all that he has declared is: "I have appointed (such-and-such a person) as re- 
presentative 7 ', then he is entitled to appoint (only) a legal representative to conduct 
the case and (as) his own personal representative, but he is not entitled (to appoint) 
one to act as such of other litigants. 

76, 1—3: 

If the representative of [the plaintiff] (?) has (a document confirming his man- 
date, sealed) with the seal of the respondent, (this) is illicit even if the respondent ac- 
knowledges his seal. But a witness participating in a case may appear as the represen- 
tative (of one of the parties) in the same case. 



185 



Adiurmxr 



XLVII 
76. .1: 

Dar i pcsciniir*. 

76.4—13: 

PcScmar gofict ku to 6 kasan £is l62.isn dahisn kas hac £is avi-'s (5) tb'zisn dahisn 
xvastan ul stalnn ra5 4 az patixsay kart hom ka patixsay-kart (6) nc apak darct ciyon 
ha£ dasta[iaran be nipist estct la 6 var ra5cnisn I pal datastan (7) dat ka pes hac var 
riiocnisn i pal d.itasian (datastan) sar nc bavct var apar apayct varziian (N) ka 6 var 
mih var nc da!(an). U-s bozisn en ku I-m fratom pescmar rao (9) nc payiak ku pal 
datastan malakvar ayap yatakgofl ul et5n danom ku ka eton (10) goflel ku ciS dahisn 
ul (ka) (hac kns) cis avi-5 dahisn but xvasl ul slat ra5 az paiixsay (11) kail hom 
xvesih 1 xves ra5 guft estet ce mart-e(v) ka cis I xves ra5 (12) go [let kO-rn xvasl ul sial 
ra5 16 paiixsay (lh) kart heh patixsayih 1(13) pal xvesih (i) xvastan dat bavct. 

76, 13—17: 

Ka goficl ku 16 ha£ Mihren apam (14) slat ut Mihren an apam pat xvesih 6 man 

I dat ul pasemar gopet ku man apam (15) ne slat ul Mihrcn 6 to ne dat ka apam stat 

payiak apar pasemar pat (16) apim framan dahisn. U-5 cim en £e ka-s guft ku-m 

: apam ne stat guft (17) bavel ku andar kas-ic ne lozisnomand hom ut ka 

■ tozisnomandlh payiak (...) **. 

77, 1—3: 

Aturak dat pat pusakaiuh (ul) sardarih 6 Zurvandat (2) 

Aturak dat rao kart ku (hakar) Aturak andar apurnaylh pat baxi savet Zurvandat (3) 
...,n]e (?) bavet gal tavan ne andar dastlk***. 

[Numberless] '", 

77,4—5: 

Dar I pal en ku cand datastan ke paytakih ha£ nipist (ul) (5) avast (I) 

pesenlk****. 



* The (abjad) ordinal-number of this chapter is 41. 
** The end of tins article is missing. 

*** The beginning of this article is missing. The remaining part has survived in a cor- 
rupt state. The translation given is highly hypothetical. The logical connexion between the 
textual content of line 3 and what precedes it is likewise unclear. 
** The ordinal-number of this chapter is not given. 



***' 



ISO 



TRsLNSLATION 



xlvh 

76,3: 

Chapter concerning the plaintiff*. 

76,4—13: 

A plaintiff declares: "you are obliged to pay and convey a thing to people, (and) 
through the person to whom you are obliged to pay and convey (this) thing, I am en- 
titled to lay claim to and receive (the thing)". If he does not have with him the docu- 
ment confirming his title (= mandate), then — as it is written in the Datastan-namak 
until a citation of die commentators on the Avesta — he should be allowed ("given") 
to participate in the case ("conduct the case" 7 ) right up to the taking of an oath. If the 
conduct of the case is not concluded before (an oath is required), he should take an 
oath concerning (this, /. e. the existence of his mandate as representative — A, P.). If 
he is opposed to (the taking of) such an oath, then he should not be granted the right 
to take an oath (concerning the case; /. e. he should be kept from participating in the 
ordeal portion of the trial on the given case — A. P.), (Commentary by the compiler 
of the Lcnv-Book — .4. P.): the resolution of this case is such that first of all it is un- 
clear to me as regards the plaintiff: is he (present) in court as the principal litigant or 
as his representative? And I understand (it) thus: if he makes the 'declaration in this 
fashion: "(such-and-such) a thing is to be returned, and through the person to whom 
it was to have been conveyed, I am entitled to lay claim to it and receive (it)", then his 
ownership of this thing is stated thereby, since when a man declares the following 
concerning a thing belonging to him: "you are empowered by me to lay claim and to 
receive", then the power to claim the thing in his own (= the representative's) real 
right has been conferred to him thereby. 

76, 13—17: 

If he (= the plaintiff) declares: "you have received a loan from Mihren, and Mi- 
hren has conveyed this loan to me as a personal possession /property 1 , but the respon- 
dent declares (regarding this matter): "I did not receive a loan and (consequently) 
Mihren did not convey it to you"; then, when the fact of the receipt of the loan is es- 
tablished, a court order should be rendered against the respondent regarding (his re- 
turn) of the loan (= debt). The basis for this is that, when he declared: "I did* not re- 
ceive a loan" he has (thereby) said: '"and I am not obliged to pay anyone". And when 
his obligation to pay is established and declared, (...)**. ' 

77, 1—3: 

conveyed Aturak, and concerning the transfer of Aturak to 

Zurvandat for adoption and guardianship he made arrangements that "if Aturak 

dies before coming of age, then Zurvandat will not (7) be/become", the payment 

of the fine for adultery (thus! — A. P.) does not (enter) into the (given) agree- 
ment (?)***. 

[Number leas] 

77, 4 — 5: 

Chapter**** containing a number of legal decisions evident from (that which) 
was written (and) scaled in the past. 



187 



MHO: TEXT 



11. fi— ';: 



£vak cn ku ka xvaslak pat cmocan hangarisn 6 asnpar (ul) asnpar (7) kc avi-s dfit 
pal baxi savet la an xvaslak apac 6 sahlkan kari sal (H) sal pat nrz I cmocan kc rfi5 
xvaslak be dat ha£ xvaslakdar I asapar (9) <ut) kc xvaslak dast xvasl(an). 



77,9—10: 

Evak cn ku pasemar an I-s pat xvastukih (10) guft cslcl ka nakira(k) bavct 
nakIra(k)Th fr/af patiglrisn be eranjenit(an). 



77, 11—12: 

Evak en kart I dataflaj pat-i£ en lai pasemar xvastuk" but ku pesemar (12) man- 
e(v) yatakgop (i) kart ajidar pasemar evar. 



77, 12—14: 

Ka pat ha£asmind (i) yatakgop I (13) pesemar grap I pat namcrst ra5 patkaret ku 
ne peSemar xves (14) ut miitakvar anil ra5 zaman xvahet patkarisn patiglrisn ut an 
zaman dahisa. 



77 j 15—78, 2: 

Ka naxvist hac goPiSn I yatakgop I peSemar £iy6n-i5 guft ku datastan (16) apalc 
pasemar raSenom ut matakvar anayom matakvar anlt rao zaman (17) dat pas ka 
pasemar patkaret ku ta vicartan I an I patlran (1) saxtan I datastan ra6 6 tizisn mat 
apak yatakgop (i) datastan [ne raSenom (?)] (2) pat xvap daStan. 



1S8 



TR/INSL4TI0N 



77, 6—9: 

One (decision) is this: if a thing intended "For outfitting" (is conveyed) to a 
horseman, (and) the horseman to whom it is conveyed, dies, then up to the time when 
this tiling is returned to the treasury, (an amount equal) to the coast of the outfitting 
for which the thing was issued shall be claimed for each year (overdue) from the 
horseman's heir who holds this thing. 



77, 9—10: 

One (decision) is this: if a respondent repudiates what he confessed (or '"what he 
agreed with''), then the acceptance (by the judges — ,4. P.) of the objection (or of the 
"denial" following the confession) is subject to condemnation. 



77, 11—12: 

One (decision) is this: the declaration of a judge, that the respondent declared his 
consent to the appointment by the plaintiff of a certain man as his (= the plaintiffs) 
legal representative has absolute force ("is valid, unchallengeable, unquestionable") 
as concerns the respondent, r 



77, 12—14: 

If in the case of a defaulted trial the representative of the plaintiff argues — as 
regards a specific object put up as surety (= as a stake — A. P.) — that this thing does 
not belong to the plaintiff and demands time to bring in the principal litigant (= the 
plaintiff himself; cf infra 77, 15 — 78, 2 — A. P.), then his objection should be sus- 
tained and the time (indispensable for the summoning of the plaintiff) given. • 



77, 15—78, 2: 

If — on the basis of the declaration of the plaintiffs legal representative in which 
he stated: "I shall conduct the case with the respondent and I shall bring in the prin- 
cipal (litigant)" [52] — time was granted to him at the beginning for the summoning 
(to court) of the principal litigant (or: for the presentation of the document — A. P.)', 
then, if the respondent subsequently declares (in court): "I shall not conduct (?) the 
case with the representative (of the plaintiff) until whatever has to be paid (lit: 'came 
to be paid') because of the delay in the case is paid", this should be sustained. 



189 



MUD: THAT 



7H, 2—11: 

Apar 6y i bny Xusrnv j Kavalim pat viiir i nni'in til [am? karj(3)-rramunan apar 
Artaxsahr-xvarrch nahang manakan (7) 0/ (Ms.: -> po^r-6) rotastak rbias|tak 
...pat](4) vcsisl andar npayct ul dipir 4 frch pal kar nc dfistan ut pargafr ul pur- 
sisn](5)-namak I nok apaycl kanan pal (h)anjamnn ul pal hampursakih i 
£asmak(ay)an ut [sahrlkan rah](6) ul pat nikcrisn kanan ul pal muhr F casmak(5y)nn 
ut Sahrlkan I mat estcnd avasian ut an I (7) nok nikcrisn kuncnd ut aparTk-i£ pursisn- 
namak ul pargar pat vinaskarlh ul sa.xvan (%) an kc vinaskar pat astul fraiom ul kc 
vinaskar nc pat astul be ka (9) vinaskar apai 6 miyan afiarct ut an cc varomand kan 
eslet be pat (10) namak-pas(s)ac hangam ul aparik-ic be an kc yatuk ut vinas ul 
dusravlh I pat nam£i$t (11) £o|lend cnya ne bril rao nipiSt eslet. 

78,1 1—14: 

Evak en ku (12) aiax^ I Varahran harn[iarakan xves namak kc en and daiasian 
ha£-is paytak pat namak(13)-nidan I ataxs 1 Xurram-Artaxsahr J Anaxsahr-Xvarreh 
nahang Xabr Xurram-Ar[taxsahr] (14) dch nisast darend. 

78, 14—15: 

'[ Evak en ku pursisn-namak (ut) uzdat-namak pat-iC (15) Ivist I 6y ke pursisn- 
"namak pai-is Ivist (an) apayei. 

78. 15—17: 

Evak an i pat (16) yatakgop' gumanan rupisi ku-m pat var I pal sokand" ut var I 
pat namak-passac (17) yatakgop" kart. * 



78. 17-93. 1- 



* I'irlc infra ;i|]lt article \)G, !6 — 17 + 97. 1 — 3. 



190 



TRANSLATION 



78, 2— 11: 

In the decree issued by the rats and [other? official] persons during the reign of 
Xusrav son of Kavat it was set down that in the province of Artaxsahr-Xvarreh there 

should be a maximum of [ ] judicial offices (?) in each rotastak, and that no more 

than four scribes should be kept at work and that (documents concerning) sentences? 
and records of interrogations should be drawn up new (anew) at a judicial session 
("'assembly*') by means of the interrogation of eye-witnesses and [citizens], and 
(these) should be re-examined and sealed with the seals of the eye-witnesses and of 
the citizens who appeared (in court); and that: (the documents/ court decisions) to be 
re-examined, as well as other records of interrogation and sentences (?) regarding 
crimes, and the statement that the offender acknowledged at first (during the first in- 
vestigation of the affair — A. P.), and the one that he did not acknowledge (or ; 'did 
not approve") — except for the one that the offender furnishes afresh, and also some- 
one's subjection to the ordeal (or "oath-taking") — except for the ordeal /oath taken in 
conformity with an "'ordeal-letter 3 ' (/. e. in conformity with the court-issued document 
containing the designation of an ordeal — A. P.), as well as everything else — except 
for the cases where he (= the accused) is spoken of with absolute certainty as a sor- 
cerer, a criminal, (or: li a sinner 1 '), and a person of ill repute; that all these 
(documents) should not be regarded as valid (lit. "drawn up, laid down"). 



78, 11—14: 

And the following: the document concerning the Varahran Fire-temple, which 
belongs jointly to the persons who drew it up and in which each one's share ("how 
much to whom") is set out, is preserved in the archives ("the depository of docu- 
ments") of the Xurram-ArtaxSahr Fire-temple which was founded in the province of 
Artaxsahr-Xvarreh in the village of Xurram-[Artax5ahr] near the city of Xabr. 



/o, 14 — ij'. i 

i 

And the following: the record of interrogation, as well as the document concern- 
ing the designation of an ordeal related to it must be sealed with the seal of the person 
concerning whom the record of interrogation (was drawn up). 

78, 15—17: 

This (too) is written concerning the appointment of a legal representative: "1 
have appointed (so-and-so as my) representative for the taking of a verbal oath (or 
"for the sulphur-water ordeal") designated in the ordcal-Ieltcr" [53]. 

78, 17— y3, 1—3 *. 



191 



hlHU: TEXT 



V), 3—13': 

Pat nam i Ohrmixd i xvatay I mcnokan ut gcjtikfin npntili t vchdcn i] (4) 

Mazdcsnan. (5) £n (rnatakdan) rnatakdan CD 1000 dataslnn xvancnd kc masiii ui 
vchlh ut arzomandih (I) martohman (6) yut ha£ ciyonih I-san hac tuxSIsn [ut dahisn i 
yazdan pat] xvat gohriti rnatakdan an (1) apzar + (I) ncrok + I datar pat harvispakasih 
apaslhenltan I druz ut apac. 6 xveS kartan (8) ut dam vinnartan a-hambatiklh ut 
anosak (ut) Setik ut hamak-roSnlh ut purr-pitixSayih pat frazam (9) ra5 oyon vazurg 
matTk dat andar gohr I inartohmlh* daSt estat ra5 butan (I) an sutomand (10) ra5 
yazdan martohm afrit ut staycnitan sayist(an) pat frazam drang en bun-darlh line, 
danakih (1 1) ut dahisn ut vicllarih ut (hjosyarih* akasih ut martohman pat cis hat" £is 

... [ ] (12) SLYBH (sic\) harv ust(an)6mandan gavaklh ut ^fyitW [= asna- 

vakanih?] gaimakih (h)6s-akasTh vicftirih I (13) 6 martohman dat estet gartaklli 
(<vartaklh — A. P.) 1-5 hastpayaldhautbo6lha + [ ] **. 



[Numberless] 

79, 15: 

[Dei I] * + * arz [I den ut] sahman I snasakih. 

79, 16—80, 17: 

Frahaxtisnlh pat martohman an sutomandtar pat an cis andar getlk (17) tan pat- 

i£ darihel pat menok (ut) ruvan ut an cis ke har\' bahr andar vaxT? pat dat [ ] **** 

(4) yazdan apartom panaklh I daman I huyoS ha£ den paytak estat ut pat akaslh (5) 
hac. den 6 saraklh (?) pat harv snasakih panaklh pat harv danisn ut vicltarih (6) ut pat 
harv xveskarih matan Sayet a5ak an arg I andar den apar xvahisn ut pursiSn I (7) pal 

akaslh but (ut)? andar rnasr snLxl/snaylt [.. ] (S) m (h)amoxtan ci& T 

cis I [ ] hac han- 2 Snasakih i danisn ut akaslh burzisnih-it (9) ut bahr I .paurak et 

(h)er I pat mat hac yazdan rah ut manyakan hac han' apatih (10) [ut nam]-burzisn pat 
mas ut veh (I ut) (pat) rnatakvartom sutomandtom ut (6-5) frahaxtisnlk(] ])torn ut 
vi£irisnikiom darisn. Be 6y ke-san bahr I yazdan hac-is andar? (12) ap(p)urt estat ut 
an bahr hac-is ap(p)unarih ra5 hac kam-framan I vehan /yazdan vext (? Ms.: I r£A3i) 
u-s (13) menisn gopisn ut kunisn rah vanl but" estet aparik kas apeguman nikezlt (14) 
bavct ku 6y pal fanaxMar darisn ke pat tuxsisn ut kunisn I xves bahr i anosak (15) 
ut apatih I yavetanlk vindat estet ciyon hac den yazdan akas but pat xvahisn ut (16) 



* This is the beginniiui of the Law-Book . The upper part of this folio has been lorn 
away. 

The phrase breaks off at this point. There is no lexi on line 14 of the manuscript. 

This chapter carries no ordinal-number. 

A lacuna of lliree lines — R0, 1 — 3 — intervenes at this point. 



*• 



192 



TRANSLATION 



79,3—13*: 

In the name of Ohrmizd, Lord of all (things) spiritual and [material for the 

prosperity of the Good] Mazda-worshipping [religion]! 

This (book) is called The Book of One Thousand Judgements, which (examines) 
only in their very essence the greatness, piety and merits of people, whosoever they 
be, as a result of (their own) zeal [and also as a consequence of the mercy of the 
gods]. This book is a weapon of the creator's power (serving for) the rout of evil ("the 
lie") through omniscience, for the re-establishment of his (= Ohrmizd's) rule (in the 
world), for the regulation of creation, for the removal of enmity, and for the final es- 
tablishment of the immortal truth (or "righteousness") and all-powerfulness of light. 
So great a text has been given into the keeping of the human race (or "the essence, 
nature of mankind'') that gods and men should be blessed to the end of time [53a], for 
its beneficial existence. This is a repository of the bases of the wisdom of creation, of 
discernment (in the understanding of things and in deeds), and of prudent conscious- 
ness and people [ ] the cross (? Ms. SLYBH). Every increase of the 

animate and (every) understanding /perception of what is corrupt/ eviL the conscious- 
ness and discernment (in deeds — A. P.) given to the human race (...) gradually and 
consciously the state of captivity (to the evil principle — A. P.) in which (mankind) 
finds itself. **. 

[Numberless] 

79, 15: 

[Chapter concerning] *** the value [of religion and] the limits of knowledge. 

79, 16—80, 17: 1 

The most useful education for men concerns the things in this material world 
containing their (= men's) body that serve the spiritual principle (and) the soul, as 
well as those things in which the increase (?) of each part (takes place) in accordance 
with the law [...]****... (that) the gods are the highest bastion for creatures strag- 
gling for righteousness was clarified by religion. And with the help of knowledge 
(drawn) from religion, it is possible to reach perfection (? "completeness"?) .through 
every manifestation of understanding, through every (piece of) knowledge and ca- 
pacity to discern ("discernment, discrimination, selectiveness"), and through (any) 
type of activity ("function, obligation"). Then, the respect found in religion as regards 
claims (= lawsuits) and judicial investigation ("trial, interrogation") carried out with 

awareness, (and that which) is accepted/ praised by the divine word [ ] and 

to teach (?) [ .] to each of the two [varieties] of knowledge, namely wisdom 

and information, and to the exaltation [of one's name]. And that portion (in a man) 
which comes from the gods and (from) the manes (=fravahrs — A. P.) as against the 
estate obtained (through inheritance or acquisition), is to be considered the most im- 
portant, the most beneficial, the most deserving of being learned and the most deter- 
minant in all the aspects of the prosperity and exaltation of one's name in the Great 
and the Good. But (the man) from whom the portion (received) from the gods ("the 
divine share") was stolen, and who as the result of the theft of this portion abandoned 
the spiritual teachings of the rightcous/thc design and the command of the gods, he 



193 



MUD: TIL\T 



pursisn xvcii.in avinfis kart \\\ rah i xvcJ.kfirili snaxian mcnisn ul gofiisn ul knniSn 
(17) pat rasiih apcc dastan ul man Farrawrnarl i Yahraman en fipiilih apah- 
hfiln|r| (...)*■ 

81, 1 — 11**: 

(2) ayap an I mat ut brat ka be mircl xvastak apac gumajr^ ] Q) nc 

sayct aoak-is xvastak apa£ gumarct ut xvah [ ] (4) ut ka pit pus cv ul duxt 1 

an gyak ul pit pus pat cv-t[ak ] (5) drahm ct but stur an I pus gumarisn nl 

pat sturi[h ] (6) ut pit hamak 90 hast an pus 1 drahm xvasiak I pit [ _. 

] (7) v/bar? 6 duxl slur an I pus gumarisn. Pus-i£ ct n[c/ra5 ] (8) u-s- 

slur gumartan nc Sayct ut ka-m ct guft ku [ ] (9) ct guft ku an I pit nc 

gumarisn. Ut ka slur i pit nc gu|maroj ] (10) I pit nc bavet ut pas xvastak 6 1 

drahm pus pat rah I nabanazdistlh be 6 duxt (11) sturih I kas nest. 

81, 11—17: 

Ut ka pus 2 duxl 1 ut pit an gyak pus harv 2 ut pit pat ev-lak (12) mirend 
pusaran yut-yut handoxt l xves 1 drahm hast ut pit xvastak 95 bavet (13) a-m el girft 
ku stur an I pus gumarisn ut nun pusaran yut-yut xvastak 31 drahm (14) hast pal an 
£im stur I avesan gumartan ne savei ut pas 3 1 drahm I an pus (ut) 31 drahm 1(15) an! 
pus duxt pat rah (I) (rah) nabanazdistlh be barel hat an £1*7 on pusaran ka-san (1<5) 
yut-yut xvasiak 60~ he a5ak-san stur apayeh gumartan ut an duxt sturlh-i£ (17) i pit 
,: apar ne maneh*. 

81, 17 — 82, 7***: 

Gyik-e nipist ku pus andar dutak (ut) katak-banuk pat 2 kas (1) 

.? ; [pus ut katak-banuk] (2) [ ] dutak I katak-xvatay xvastak dahend 6 

fkatak-banuk raset (3) [ ] ... 6 dutak xvastak dahend* a5ak-i£ pat katakc- 

*-banuk estet (4) [ sl]ur I kartak xvastak dahend andar 6 katak-xvatay barlhel" 

(5) [ ka 6 zan I] xves gopet ku frazand I ha£ to zayet sturih (I) man (6) [ 

] yut-yut xvasiak SO frac kunisn ut xvasiak (7) [ ] pat xvesih ut duisa* 

pat sturih dariSn. 

82, 7—9: 

Ut ka 6 zan (8) [I xves gofSet ku frazand i hac to zay]end sturih % man heP 
kunend (9) [a.5ak-Sari xvastak I pat sturih] ne fxa£ kunisn. Ut duxt hamaSven zan 1 
patixSaylha (10) I 6y hend. 

82. 10—12: 

Ul ka gopci ku-m frazand I hac to zayend pat xvastak I man slur kart hend crv 
(11) ka 6 zan 1 xves ev ka 6 an 1 ha£ sahr gopii hamc(v) pus ut duxl bahr rasi *Ji 
hame(v) (12) pat sturih patixsayomand dastan. 



* The text of the ''Prologue" by the compiler of die Law-Bonk breaks off at this poin t- 
" Tlie corner of litis folio has been torn away, almost nothing has survived from tlic 
First line of die folio and only the right hand half of the text in lines 2-9 has been preserved. 

m " From die First line on die page S2 only traces of the last letters have survived; in tfci^ 
lines 2 — 9 only the left hand halt' of die text has been preserved. 



194 



TRANSLATION 



perishes through his thoughts, words, and deeds. It has been shown, beyond question 
by others that the (man) who through his own striving and zeal lias obtained a share 
of immortality and eternal prosperity, (who) being versed in matters of religion and of 
the gods has made himself invulnerable ("guiltless") to claims and judicial investiga- 
tions through a knowledge of (his) obligations, and who has kept the form of (his) 
thoughts, speech, and actions pure in accordance with righteousness is to be consid- 
ered more Fortunate (than any other). And I Farraxvmart son of Vahram this prosper- 
ity more prosperous...* 

81, 1—11**; 

81, 11—17: 

(And) if in a family there are two sons, a father and a daughter, and (if) both 
sons and the father die at the same time, and if the sons — each of them separately — ■ 
have accumulated one drahm apiece, whereas the father's estate amounts to 95 
(drahms), then (here) is what I have said in this case: a stur must be appointed for the 
son [54]. And now (this case): the sons — each of them separately — have an estate 
C'a thing") amounting to 3 1 drahms apiece, then, because of this, no stur should be 
appointed (for either of them — A. P.), but subsequently the 3 1 drahms of the one son 
(and) the 3 1 drahms belonging to the other son shall be received by the daughter (as 
her father's stur — A. P.) on the basis of the right of succession via kinship. Since, if 
the sons — each of them separately — had a thing (with a value of) 60 {drahms), a 
stur would have to be appointed for them and this daughter would not have inherited 
her father's -sTurship. 

81, 17—82,7***: 

82,7—9: 

If he makes [the following declaration to his] wife: "let [the children whom you 
will bear] be my sturs", and if children are born (to her) and assume the sturship, 
[then the estate conveyed for the ^urship] shall not be taken [from them]. (When it is 
addressed to) a daughter, (this declaration shall have an effect that is) entirely similar 
(to the one which it has when it is addressed) to his patisxay-wife. 

82, 10—12: 

And if he declares: "I have instituted as i'/ur-possessors of my estate the children 
whom you will bear", then irrespective of whether he has made the declaration to his 
wife or merely to a female fellow-citizen, all (the children), son or daughter, receive 
equal shares, and all of them should be considered as entitled to the sturship. 



195 



MUD: TEXT 



H2, 12—14; 

Ut ka 6 mart 1 gopcl ku sturih (Fj man kun aoak-is (13) xvastak 60" (Ms.: SO) pal 
sturih avi-s dat bavcl. Ul ka an-IC paiigjrcf (apacj cstal nc pau'xsayomand. (14) Ut an 
I ke apa£ cstct pat sal drahnao markari(an). 

82, 14 — 16; 

Ka 6 zan (I) sahr gopet leu frazand I hat la. zayend (15) sturih I man hep kunend 
ka zayend ut sturlh nc kunend ut mcrak zan ut frazand I patixsaylha hast 6 zan (16) 
ut frazand raset. 

82, 16—17: 

Ut ka (6) zan I xves go^et ku frazand I hac to zayend sturih I man hep kunend 
(17) nipist ku ka pus 2 duxt 2 zayend pus 1 ut duxt 1 sturih kunend aparik ne kunend. 



83, 1—3: 

[ ]Sn p[...j bozisn [ ] ut guma[risn ] estet ku xvastak I pat dutak (2) 

merak darisn ut dastan ra5~ framan dat ut xvastak pat dutak dastan apayist (3) andar 
pesemar ut pasemar pat evar darisn *. 

83,3—6: 

Pasemar ke xvastak ra6 patkar[et] (4) ku ka hac kas beron pat grapakanlh ayap 
pat passandarih ayap pat yamdarih (5) ayap pat an! aovenak man dast ut 6 xveslh I 
man mat ut (pesemar) ke-£ patkaret ku-san (6) azat kart horn ayap-am pat (pat) 
xvastak apak hambayan ne tozisnomand horn (...) **. 

83, 7— S: 

Ut ka gopet kas-ic zan ne but ut gat be dal patixsay baver (8) pat zanih ut g£ft/a)r 
(ne) kunisn, 

83, 8—11: 

Xvastak 1 Farraxv ha£ Mihren stat ut pesemar (9) gopet ku Mihren 6 man dat ut 
pasemar pat dal (6 pasemar pal dat) I [\0) 6 pesemar nakira(k) ut patkaret ku 6 am 
kas ut pat 6y kc avi-s dat vican (II) [... ha]kar pasemar pal an I naklra(k) boxt 
"pesemar vatxvah. 



* End or mi article whose beginning has not survived. 
m * The second half of this article has been left out by the copyist. 



19G 



TRANSLATION 



82, 12—14: 

If he has declared to a man; "be my stur\'\ then a thing valued at 60 /SO 
{drahmsl) is conveyed Co him as a 5/ur-possession (from the declarer's estate on the 
strength of this declaration — A. P.). And if he accepts this (= thing), he is not enti- 
tled to deviate (from the performance of a stur's obligations). And one who deviates 
within a year (following his acceptance of the j/£rship) should be considered to be a 
person who has committed a capital offence. 

82, U — 16: 

If he declares to (one of his female) fellow-citizens: "let the children whom you 
will bear be my sturs'\ (and) if children are born from her, but do not perform (the 
functions of) a stur, and (this) man has a wife and children from a patixsayih- 
marriage, then (the .rturship instituted by him) shall go to (his) wife and children. 

82, 16—17: 

If he declares (the following) to his wife: "let the children whom you will bear 
assume my 5/urship!"; it is written that, if two sons and two daughters are born, then 
one son and. one daughter shall assume (their father's) s/urship, whereas the others 
need not assume it. 



-3*. 



83, 1- 

83, 3 — 6: 

The respondent gives the following testimony regarding a thing at a triah "I pos- 
sess it from a certain person as a pledge (= antichresis- security of immoveable prop- 
erty — .4. P.)" or "as an emphyteutic (tenure)?" or "as a pledge -deposit (moveable 
property — .4. P.)" or on some other basis, "and it has become my personal posses- 
sion (= "became my personal property")". Whereas (the plaintiff) gives the following 
testimony: "they (= the partners and co-heirs) have freed me (from the obligation to 
pay this debt)", or (he formulates it in this manner): "1 am not obliged to pay this debt 
jointly with (my) partners /co-heirs". (...) **. 

83, 7—8: 

And if he declares: "she was no one's wife and she has committed fornication", 
then she is entitled to be given in marriage and she shall not commit adultery 
(thereafter). 

83, 8—11: 

Farraxv received a thing from Mihrcn, and the plaintiff declares: "Mihrcn con- 
veyed (it) to me", whereas the respondent denies the fact of the transfer (of the thing 
by Mihren) to the plaintiff, and he asserts the following at the trial: "(Mihrcn con- 
veyed it) to another person and (I) have paid the one to whom he conveyed (the 
thing)", [then if] the respondent is justified in that which he denied (in the testimony 
of the plaintiff), the plaintiff must be proclaimed malicious (/. e. he should be charged 
with legal chicanery — A. P.). 



197 



MUD: TILXT 



K3, ! 1 — 17: 

Ul ka craxi hac an (12) [...] y'/ih nc gull ku 6 pesemar nc dahisn (ul) vitir 
kunisn ku be dah! U-s (13) (h)andacak en hamefvj gojicl ku ka pesemar gbpci ku sal 
3 6 zanih i (14) man mat ul pascmar ga! pascmar go^ct ku sal 3 6 zanih i Kd/yl/ryn 
mal ut pat (15) an aSvcnak I pc5cmar guff andar zanih I K... pat K... vicart ka 
pascmar (16) [pat viCart I andar K... boxt?J pesemar vatxvah ul ka craxi vitir kunisn 
ku be (17) [ ] nc tavanomand horn. 

83, 17—84, 5: 

Ka pesemar (1) [ut zan-e(v)] pat en ku-l aSvcnak [ ] I man kart hamemar 

an zan-i£ [ ] (2) ra5 nikira(k) ut goflcl ku mart-c(v) Mihren nam zan horn ut pas 

pesemar dip (3) 6 datastan aflaret (i) 6y zan guft cstct ku nc Mihren zan horn (4) viCIr 
kunisn ku zanih I peSemar kun tc by zan nc luvan guft ku-m (5) Soy nest. 

84. 5—10: 



Ka pesemar goPet ku en xvastak sal evak 6 Mihren (6) mat u-5 sal 2 6 man dat 
{pesemar) pasemar gojiet leu pes' mat (7) u-s pas (6) man dat pesemar (ut) pascmar 
han' do zaman I 6 xvahisn dahisn. Ut ka (H) pesemar gopet ku sal evak (6) Mihren 
mat u-s sal 10 6 man dat pasemar (9) gopci ku pat an hangam mat it-s sal 8 6 man dat 
pasemar zaman dahisn ( 10) ut pesemar ne dahisn. 

84, 10—17: 

Ka pesemar gopet ku en xvastak Farraxv (6 man dat ut apatixsayiha pasemar) 
(12) daret ut pasemar go|let ku sal evak Farraxv xves but u-s be 6 man (13) dat u-s sal 
3 darisn be 6 man kart pat an dastaflarih man darom pasemar (14) pal darisn eraxt. ce 
hamdatastan but ku sal 2 ne man dast £e pal (15) darisn (I) FamLxv but u-s pat an 
datastan pat pesemar gopisn. Pesemar (16) sopct Vcu en xvastak sal evak Farrax\' xves 

but u-s be 6 man dat (17) pat an dastaparih man xves [hamdatastan? 

]• 



85. 1—6: (See40 7 17). 



108 



TRANSL1TION 



83, 11—17: 

If he is sentenced (for malice; cf. supra 83, S — 1 1 — A. P.) it does not [...] de- 
rive (? lit.: "did not say") (from it) that the thing should not be conveyed to the 
plaintiff (?). (and) the decision: "hand (the thing) over!" must be rendered. And he 
gives this example: if the plaintiff declares: "three years (ago) she entered into a mar- 
riage with me, and the respondent committed adultery (with her)", whereas the re- 
spondent declares: "three years (ago) she entered into a marriage with K..., and as re- 
gards the occurrence which ('the manner in which') the plaintiff recalled, (when she 
was).married to.K-.., I paid (a fine — ,4. P.) to K...". If the respondent [is justified in 
the part of his testimony relating to his payment of a fine to K... (/. e. if it is con- 
firmed — .4. P.)], then the plaintiff is proclaimed malicious. And if he is sentenced 

(to a fine for malice — .4. P.). then a decision must be rendered that ... [ 

...] "I am not obliged to pay the fine''. 

83, 17—84, 5: 

If a plaintiff brings suit [against a woman] concerning this: "you ... [ ]", 

and this woman [ j denies (it) and declares (the following): "I am the wife of a 

man named Mihren", but upon the presentation in court of a document (= of the 
marriage contract — A. P.) by the plaintiff, this woman declares that: "I am not Mi- 
hren's wife"; then the following decision must be rendered: "perform (your) obliga- 
tions as the wife of the plaintiff', since this woman may (no longer) say: "he is not 
my husband". 

84, 5—10: ■:; 

If the plaintiff declares: "this thing went (= passed) to Mihren a year (ago), but 
he gave it to me (= conveyed it through a will or a bill of transfer — A. P.) two years 
(ago)", whereas the respondent declares: "it went first (to Mihren) and (he) subse- 
quently conveyed it to me"; then in such a case T the plaintiff as well as the respon- 
dent — both of them — must arrange for a judicial session to investigate the claim (to 
the thing under dispute — -A. P.). But if the plaintiff declares: "(the thing) went to 
Mihren a year (ago), but he gave it to me ten years ago", but the respondent declares: 
"at that time (or "under these circumstances") it went (to Mihren), and he gave it to 
me eight years (ago)", then a judicial session (with the attendance) of the respondent 
must be arranged (for the investigation of the respondent's claim, but a judicial ses- 
sion) with the plaintiff in attendance need not be arranged. 

84, 10—17: 

If the plaintiff declares: "Farraxv (conveyed) this thing (to me and the respon- 
dent possesses it unlawfully", whereas the respondent declares: "(this thing) belonged 
to Farraxv a year (ago) and he conveyed it to me and already three years (ago) he 
transferred to me the right of possession of this thing and I possess it on the basis of 
this title (= of this disposition by Farraxv — A. P.)"\ then the respondent (should be 
condemned) for the possession of this thing since he agreed to this (= the following) 
that: "two years (out of three — A. P.) I did not possess the thing since it was in Far- 
raxv's possession". And according to this decision (= according to the decision in this 
legal case — A. P.), it must be declared (as belonging to the plaintiff. (Whereas if) the 
plaintiff declares: "this thing belonged to Farraxv one year (ago) and he conveyed it 
to me, and on the basis of this title (= of this disposition of the thing), I possess it", 
[ ]• 

85, 1 — 6; (See 40, 17). 



199 



MUD: TEXT 



xxxrv 

85, 7—8: 

Dar I hambaylh I do ut kahas ul xvastak I (8) pat 2 mart. 

85, 8—11: 

Kahas I mart pal zamfk I xvcs ayap pat zamlk i hamfiarakan kunct ka-5 gos- 
bala5 (9) kand ka-5 pcramon hamak zamlk I kasan a5ak-i£ avesan kc an zanilk xvcs 
ncndar dasl (10) mizd I an kahas be pat xunsandlh ut bcron dast mizd I an kahas" 
(Ms.: ks <Vxs) be pat apeziyanlh I (11) 6y kc kahas xvel enya kahas" kand(an) ne 
patixSay. 

85,11—13: 

Kanas~ (Ms.: ks < kts) pat 2 mart land (12) ta spun bavet hamev ka evak kanet 
an T did ne patixsay be ka kanet (13 J ayap aflzon bahr I xves apar 6y I dil be 
hilet/hjlisn. 

85, 13—16: 

Kahas-e(v) 2 mart pat akanen (14) kanend ut be raSenend ut evak patkaret ku ap 
apzayem. But ke gnit ku an I (15) dil ne patixSay be ka pat aPzutan andar estet ayap 
a(3zon pat xveslh apar by I dit (16) be hilet. 

85. 16 — 86, 2: 

Gyake nipist ku kahas-e(v) 2 mart pat akanen raSenlt estet ut evak ne (17) mat 
estet ut an I dit rut ha£ akaslh I by I ne mat estet ap aflzayet (1) [patixsay ka?] aBzayet 
ut ta uzenak apa£ dat afizon bahr I 6}' I ne mat estet pat (2) grap dastan patixsay. f 



86 ; 2 — 15: 

Mart uzenak I pat xanak ul kahas ut xvastak I-s ha£ an] (3) mart ham(m)is xves 
an I andar an e ka xanak ut kahas ut xvastak apatan pat evak(?) viraSisn I (4) Tin 
xanak ut kahas ut varz I pat an xvasiak kart + andar apayet hakar andar kart pat 
patkarisn (5) 6 hamxvastakan pat garzisn 6 data^aran rbtkar andar apayet ka-£ (6) 
hambay mih estet (6) a5ak-i£ + yut hac dastajHanh I hambayan kartan ut uzenak I 
kunet an I pat kartan aparik hambayan (7) niyapet guharlk xvast patixsay. Ka-§ apar 
gopisnlh dat estet a5ak-i£ hamgonak f .] (S) Ut an I andar an e ka an kahas ul xanak 



The (abjad) ordinal-number of this chapter is 34, 



200 



TRANSLATION 



XXXIV* 



85, 7— S: 



Chapter concerning the co-partnership of two (persons) and concerning canals 
and plots of land ("a thing") belonging to two persons. 

85. $—11: 

(Concerning) the canal which a man lays on his own land or on common 
(= public) land: if he has dug it to a depth ("height") "up to the ears", and if he (has 
laid it) all around the entire land of other persons; then, under these circumstances, 
the persons owning this land are not entided to dig (lateral, out-flow? — A. P.) ca- 
nals: inside (their own) field — except (against) the payment for such a canal set 
through an agreement (with the possessor of the canal — A. P.)» and/or outside the 
field — except (against) the payment for such a canal corresponding to the compen- 
sation (due) for the damage caused to the possessor of the canal. 

85, 11—13: 

Two men (jointly) dig a canal: up to the completion (of the work on the canal), 
whenever one is digging the other is not entitled to (refrain from) digging, otherwise 
he must cede his share in (the common) profits to the other (= the one who dug). 

85, 13—16: 

Two men jointly dig a canal and operate it (or "exploit" it), and one of them 
starts a quarrel: "let us increase the water!". Certain. (authorities) have said that the 
other one must either consent to the increase (in the level, or in the number of times 
the water is turned on — A. P.) t or cede his share in the common profits to his part- 
ner ("the other"). 

85 : 16 — 86, 2: 

It is written in one place: a canal is put into operation and it is managed jointly 
by two persons, and one of them does not appear, and the other increases the water 
(level, or the number of times it is turned on — A. P.) without the knowledge 1 of the 
one who did not appear; (then he is entitled) to increase (the water), and until his ex- 
penditures (/. e. the pan of the expenditures born by him which falls to his partner's 
share — A. P.) are repaid, he is entitled to keep as security the share of the benefits 
(from the common revenue) of the one who did not appear. 

86,2—15: 

As regards the expenditures connected with a house, a canal, and a plot of land 
("a thing") — which a man possesses jointly with another person — (specifically) 
those (= expenditures) which are indispensable exclusively for putting the house and canal 
in order and for the cultivation of the plot of land ("thing") after the house, canal and 
plot are ready ("set up") — ■ and also should a (daily) allowance be required to lay a 
complaint before the judges over a suit with his partners regarding (the necessity) of 



201 



husurnorr 



lianbasl c l .tci pa! apa£ kalian ' '"' kaha;. y t >- r irt;ik and:ir Vh apa\ci ka hainwasiakan 
mih cslcnd' vul had palkan'ai o liamxvasiakan kunct u/cnak ( Id) npfit nc rase! u! ka- 
(San) 6 hamxvlistak paik;iri<,n nc kiinend patixSay kanan ui liakar (11) kuncl an i 
aparlk hamxvastakan dahiSn yuhank xvasi ul ta guharik dahcnd xviisiak (12) bahr "i 
nparik hambayan ka u/.ennk andak niatak ut xvaslak apcr stafir miiiak a5ak-i£ uzcnak 

(13) ra6 pal gra(iih dfiSl pfitixSFiy "-S pat patkarisn i 6 data[iaran (ul) Eandih I uzcnak 

(14) cvarih xvahiSn ul pnt vcSisI cvar Sayct kanan ut dniafiar pat vc5[istlh] pal 
hamcmar (15) cvar. 

86, 15—17; 

En dataslan apak am gufl cxlcl ku ka hambay loziSn [ ] (16) karl cstet 

andar an c ka hambayCan) mih [csjicnd* yu\ haE patkarisn I hambayan be (17) viEaret 
pat viEartan a[pank liam]bayan niyapct apaE xvast [patixSay]. 

87, 1—2*: 

r ] (2) pal slurih 6 an I dilll-;ar sazak dat patixSay. 

87,2—3: 

Ka ooOei ku-[m pal 1 sal] (3) tan pat zanih 6 la dat aoak-is andar 10 sal ayuyen 
apar oh manet. 

87,3—7: 

[Mart-e(v) ka-s pal] (4) xunsandlh T zan zan haE zanih hilel ut pat zanih 6 
apumayak I xves dahct ui apumayak (5) andar apurnayakfh pat baxt Savet a5ak-ic an 
zan 6y Eim ra5 sturlh I an mart kem avi-s (6) ne raset en datastan apak an I gufl estel 
ku ka-s saxdarih apak be ne (7) hilel hiSt ne bavet. 






* This is the end of an article whose beginning has no! survived since line 1 of the folio is 
inissina. 



202 



TRANSLATION 



making these expenditures; thus, even if his partner ("co-possessor") denies (the ne- 
cessity of such expenditures, refuses to bear the expenses — .4. P.)\ even in such a 
case, he ("the man") is entitled to make them (= the expenditures) without his part- 
ners' commission, and he is entitled to demand that (the portion) of the expenditures 
made by him which should (have been born) by the other co-possessors should be re- 
paid (by them) to him. And if a court decision is rendered concerning this, it is the 
same. And as regards those (expenditures) related to the destruction of the canal and 
house which are indispensable for the reconstruction of the canal and house: if (his) 
partners deny (the necessity of such expenditures; refuse to participate in them — 
.4. P.) and he bears these expenses without litigating with his co-possessors, then he is 
not reimbursed for the costs. But if they do not bring suit against their partner, then 
he is entitled to make the expenditures and if he has made them, he is entitled to de- 
mand that they reimburse him the part (of the expenditures) which should have been 
born by the other partners. And until he has been reimbursed, he is entitled to hold as 
security — against the expenses born by him — the part of the estate (= the house and 
the plot of land: lit. "thing") belonging to the other co-possessors — no matter how 
small the amount of the expenses or how much greater the value ("amount") of the 
estate ("thing"). And during the trial before the judges he must demand the exact sum 
of (his) expenditures, and this must be fixed with maximum precision, and the setting 
(of the amount of the expenditures) with maximum precision enters into the compe- 
tence of the judge at the trial. 

86, 15—17: 

Together with the other, this decision is rendered: if a co-partner/co-possessor 

made (?) a payment/debt [ ] and (he) makes the payment or ("settles the 

debt") at the time that (his) co-possessors deny (the necessity of paying, refuse to 
pay — .4. P.); then he (is entitled) to claim the portion of the sum paid which ought to 
have been paid by the other co-possessors. 

87, 1—2*: 

(...) (he) is entitled to convey as a .stor-possession to another suitable person. 

If she declared (the following): "(1) gave myself in marriage to you [for a ten 
year term]", then during the course of (these) ten years she will remain in the status of 
an epikieros. 

87, 3—7: 

[If a man, with] his wife's consent, divorces her and gives her in marriage to his 
minor son, and (this) minor dies before coming of age; then even in this case, the 
woman, as a result of this [55], still receives the .r/urship of that man (= of the hus- 
band who divorced her — A. P.). This decision (was formulated) side by side with the 
one stating that: "if he does not dissolve (the marriage) together with the guardian- 
ship (/. e. he does not give the woman into the guardianship of another person when 
he divorces her — A. P.), then the marriage is not to be considered as dissolved". (Cf. 
supra 4, 1 \). 



203 



MUD: TliXT 



87. 7—10; 

Apak-ic an i hacapar nipist ku ka goficl kii-m hac zanih (8) hist in p;il /.anili u i 
sardarlh 6 Mihrcn dat ut Mihrcn ziyanak pat zanih patigirci (9) ut p(at) sardanli an- 
dar nc apavct (rao) gofSct but kc guit ku hist7hilisn^ kar nest ut an cc (10) pat 
hi5l7hili§n-namak naxvist sardarlh hanjamend ut pas hist7hilisn nikcritnn. 

87, 10—12: 

Ka xvastak (11) pal sturih 6 apumayak dahct ut apumayak andar apurnfivfikih 
pat baxt savet (slur) apa£ gumarisn (12) ut en ku relak hac kanlzak yuttar bavct 
uskartan. 

87, 12—15: 

Ka xveSavand nabanazdist ne paytak (13) dutak katak-banuk pat be vitirisnlh 
sturih 6 han- ke kamet dat patixsay ka xvesavand (14) sturih ne xvahend 6 sturih" 
(Ms.: sardarih) aru marl I ostafiar gumartan patixsay hend srur I (15) kanak pat an 
xvastak apar manet ayap 6 an sturih dahend pat bar amar oh bavct. 

:. 87, 16: 

Pat sturih ka an I ham-pit pat dat mas ku an I ham-mat ut ham-pit an I ham-pit 
gumarisn. 

87, 17—88,2: 

Ka zan 1 ta 10 sal tan 6 zanih 6 mart 1 dahet andar 10 sal naxvist man ui pas 
zan (1) * I ] (2) [ ] andai an I bs dat dastafiariha but. 



88 r 2 

Ka stur (3) [ ] xvesavandlh evaktom sturih xvahend an I masȣi>~arisn. 

ut ka 2 (4) tan st[ur] gumarisn u-s pat han' 2 sazakih evakiom pat an I by {:": mas 
gumarisn. 

88. 5—6: 

Ka xvastak I 90 arzet ra5 kan ku-m ev bahr frac hat man pat sturih (6> : ;:, dat 
pat 3 bahr 2 balir dat bavet ce pat sturih oyon sayel but. 



Line 1 of this folio has not survived. 



204 



TRANSLATION 



87. 7 — 10; 

In addition to the above it is written, that if he declares: "I have divorced (you) 
and given (you) as a wife and into the guardianship of Mihren", and Mihren accepts 
her as a wife, but as to the guardianship (over her he declares; "(there is) no need"; 
certain (authorities) have maintained that the divorce is not valid (in such a case), and 
attention should be paid that the question of the guardianship (over the woman) be re- 
solved (that "they resolve, settle" this question) first in the divorce-document, and 
only then (the question of the divorce). (Cf. supra 4, 14 — 5, 3 —.4. P.). 

87, 10—12: 

If he conveys his estate as a sfwr-possession to (his) minor child, and this minor 
dies before coming of age, then (a stur) should be appointed again and the difference 
between a boy and a girl (should) be taken into consideration at that time. 

87, 12—15: 

If it is not clear which of the agnates is the closest (/. e. who has the most rights 
among the possible agnate-candidates — A. P.), then the mistress of the house has the 
right to transfer the sturshi-p at her death to whomever of them) she prefers. If the 
agnate-kinsmen do not claim /desire the sturship (/. e. evade the acceptance of the 
j-furship), then the}* are entitled to appoint another person (/. e. a non-agnate — 
A. P.), specifically a man whom they trust, as stur. An instituted stur has the right to 
a revenue (lit.: "is taken into account as regards revenue") from the estate remaining 
(= escheated) from the family or from the one conveyed (especially) for the sturship 
(= as a foundation for -yrurship). 

87, 16: 

[f a consanguinous (brother or sister of the dead man) is older than (the brother 
or sister) from the same father and mother (as the dead man), then the half-brother 
("from the same father') should be appointed as stur. 

87, 17—88, 2: 

If a woman gives herself (lit: "her body") in marriage to a man for a term often 

years, then during the course of these ten years first the husband then the wire [ 

] * he/she is entitled to give (?). 



88, 2 — 4: 

If a stur [is appointed via] kinship, then at the first demand for a .rtiJrship the 
eldest (of the agnates) should be appointed. And if a stur must be appointed for two 
(persons from the same family) and he (= the eldest of the agnates) is equally suitable 
to assume the .sYwrship for each one of them, he should be appointed first as stur for 
the elder (of the dead men) [56], 

so, j — o: 

If he declares (the following) regarding a thing which costs 90 (drahmsl setters!)'. 
"I have conveyed to you after me (= in case of death) a part (of this thing) as a foun- 
dation far jr/urship", (then) two thirds (of this thing, /. e. property amounting to 
60 drahms/saters — -A. P.) are (thereby) conveyed, since this is the case (in transfers) 
for .s7urship. 



205 



MUD: raw 



KK.7— 14: 

Hat dasla[iaran be oyon gbfiend ku ka kalak-xvnlay ut kalak-banuk ut pus 1 fin 
gyak ul kalak-(8)xvatay be mirct pus apak katak-bnnuk hambay be hakar-is zan-c(v) 
ayap apurnayak-c(v) (9) ayap xvastak I-S andar zivandakih (f) pilar handoxt GO (Ms.: 
80) hast cnya + ka-s andar (10) hambaylh I katak-banuk xvastak cv"* drahm nc handoxt 
ka-£-i5 yul hac aparmand (11) I pit xvastak J-s andar zivandakih I pit handoxt 59 
(Ms.: 79) hast et ra5 cc apak katak- (12) banuk hambay u-5 andar hambaylh (i) £is nc 
"afizul ka pat baxt savct xvastak-i£ (13) 59 (Ms.: 79) pal rah (I) hambaylh frac (2) (6) 
katak-banuk manct u-s slur gumartan nc (14) sayct ut ka katak-banuk fra£ ravet slur 
an I katak-xvatay gumarisn. 

88, 14—17: 

Ka (15) katak-banuk ut pus (ut duxt 1) an gyak ut harv 3 hambay hend ka-£-is 
handoxt I andar zivandakih I pilar (16) 59 + (Ms.: 79) hast be-§ andar hambaylh (an- 
dar hambaylh) tis-i£ ne afizut pas-ic ka (17) be mlret apak-iE et + ku-s 1 apak xvah 
hambaylh ut sardarih harv 2 hast pat-it (...) *. 

89, 1: 

'» (...) (1) darorn uzll + an zaman dariSn 6 xvesavandan apisparisn **. 

89, 1—3: 

Apak an! [nipist/guft] (2) ku ka go[3et ku-m ta ev sal pat tan hat to patigrift uzil 
ev sal pavandanlh (3) nest be tan apac apisparisn. 

89. 3—5: 

Ut an guft ku ka grajiakandar pat xvastak I (4) grapakan vinas kunet a5ak-is 
grafl pat grafilh dastan 6 ralan ap(p)ar u-s" drahm ap(p)ar (5) ne bavet £e pat an vinas 
ne kart. 

89. 5—6: 

Apak am guft ku ka hac xvastak I (6) graf3 apesaxvan bavet a5ak-is drahm ne 
hist bavet. 

89, 6—7: 

Ul apak ani" Syavaxs guft (7) ku ka drahm ke xvastak pat-is grapakan be dahct 
aSak-is' xvastak-ifc dat bavet. 



* The chapter breaks off here. 
** This is the end oi'iui article whose beginning has not survived. 



20G 



TRANSLATION 



S8, 7—14: 

The following is said with a reference to the commentators of the Avesta. If a 
family consists of a head of household, a mistress of the house and one son, and the 
head of household dies, and the son and the mistress of the house are co-partners 
(= co-heirs), then — except when he (= the son) has a wife or a minor (child) or an 
estate valued at 60 + (the ras. has 30) (setters!) accumulated in his father's lifetime — 
if he did not accumulate a single drahm in his co-partnership with the mistress of the 
house and he has at the same time an estate valued at 59" (the ms. has 79) 
{satersl! drahmsl) accumulated in his father's lifetime in addition to the share he in- 
herited from his father; inasmuch as he is in co-partnership with the mistress of the 
house, and while in co-partnership he has added nothing (to their common estate), 
upon his death the estate valued at 59* (drahms I satersl) shall go to the mistress of 
the house in accordance with the law of co-partnership and no stur need be appointed 
for him (= the son). But when the mistress of the house dies, a stur must be appointed 
for the late head of household. 

88, 14—17; 



If a family contains a mistress of the house, a son and a daughter, and all three 
are co-partners (= co-heirs), then — even if what has been accumulated (by the son) 
in his father's lifetime amounts to 59 + (the ms. has 79) {drahms I satersl), and nothing 
was acquired in co-partnership — when he (= the son) dies, in addition to what he 
held jointly with his sister via co-partnership and guardianship, and after (...) **. .;;- 

89, 1: 

(...) I possess", then after the expiration of this time limit, the possession should 
be transferred to the agnates *. ,,y. 

89, 1—3: 

(This) is also written at the same time as that, (namely) that if he declares: "I 
have received from you (such-and-such a man) as a slave for a term of one year", then 
upon the expiration of one year (the obligation of) the warranty ends ("does not ex- 
ist") and the slave must be returned. 

89,3—5: 

And this has been said, that if the creditor ("the holder of a security") causes 
damage to the thing held by him as security, then this thing is taken from him and 
transferred to the rats to be kept as security, but his money (= loan, credit — A. P.) is 
not taken away, since he caused no damage to it (= the money). 

89, 5—6: 

At the same time as the other it has been said, that if he declines the thing held 
as security, then he has not thereby discharged from the debt (lit.: "the money"). 

89, 6 — 7: 

And in addition to that, this is what was said by Syavaxs: when he gives back 
(= returns) the money to the person who holds the thing as security, then the thing 
(= the security) is also given back. (Cf. supra, 89, 5 — 6 — A. P.). 



207 



MUD: TEXT 



By. K— 9: 

Ut apak ani gopcnd ku Yuvan-Yam guft ku man xvaslak i apamdan hakar hat 
xvastak I (9) 6y kc an xvastak IbiiSn apcsaxvan bavcl hilisn cc xvastak pat apam 

agrafi. 

89,10—11: 

Apak am guft 1-ru ka drahm kc vaxjS kari estet be dahet vaxs cc pas-it" (11) ha£ an 
6y xvcS ke matak avi-s da I. 

89, 11-— 15: 

Ut apak ani guft ku ka xvastak -e(v) Farraxv (12) hac Mihren apam stat ut pal 
zaman I namcist dat ra5 <ut) en-ic patman kart ku (13) hakar pat zaman dahom enya 
xvastak to xves Mihren pes hac zaman pat xveslh (14) be dat hakar an xvastak pat 
zaman vi£arend enya xvastak by xves ke + drahm a\i-S (15) dat. 

89, 15—17: 

"■ Ut ani guft ku ka pit duxt I apumay pat zanih be dahet duxt hakar (16) [ka] 
purnay bavet pat an dat axunsand pas ka xunsand bavet nok (?) xvast"7but(?) I hac 
(17) saidaran oh apayet *. 

• 89, 17—90, 1: 

Apak ani guft ku duxt I pit kart ku zanih I Mihren kun (1) [zanih] I Mihren ne 
kunet ayoYen i pit apar oh manet (ut) aparmand oh bavet. 

90, 1 — 1: 

Apak ani (2) guft ku ka katak-banuk kart ku-m pat be vitlrisnlh. xvastak pat 
sturih o kas dat (3) ut pas frazand zayet frazand I zayet andar apuma^lh ut»kaiak- 
banuk-i£ anandarz pat baxt savet an (4) dat kar nest. 



90,4 — 6: 

Ut an! guft ku ka peSemar' 4 ' (Ms.: pasemar) saxvan-namak yut hac akasih ut 
danisn I (5) pasemar be dahet ne savet ce pasemar tuvan guft ku en (saxvan-namak 
.apak) peSemar be (6) ne brinom~ (Ms.: has SBQWT^m for PSQWNm). 



* One or two words followed by a guestion mark (at the end of line 16 of the manuscript) 
are doubtful. They arc badly rubbed out in the Facsimile edilion, and presumably in the manu- 
script as well. 



208 



TRANSLATION 



89, 8—9: 

In addition to that, it is said that Yuvan-Yam stated (the following): a man must 
consider a debt settled (lit.: "must remit, resolve") if he declines the estate of the per- 
son who was obliged to pay this money, since an estate is claimed ("seized") in set- 
tlement of a debt [57]. 

89, 10—11: 

At the same time as the other it is said, that if he conveys (= alienates) money 
(= a loan) which has accumulated a percentage (of interest), then the interest (= the 
percents) which shall accumulate after this (= after the act of transfer) belong to the 
person to whom he transferred the principal [58]. 

89, 11—15: 

In addition it is said, that, if Farraxv received a certain sum of money ("a thing") 
as a loan from Mihren and made the following agreement regarding the return (of the 
loan) within a definite term: "If I do not give back the loan within the term set, the 
thing (set up as security) will belong to you". But Mihren, before the end of the term 
(set for the settlement of the debt) conveyed (the capital loaned by him to Farraxv) to 
(another person) as property /personal possession. Then — unless the debt is settled 
within the given term — the thing (serving as security) shall belong to the personrfo 
whom he (Mihren) conveyed the money (/. e. to Farraxv's new creditor replacing the 
former one — A. P.). 

89, 15—17: 

And another (thing) has been said, that if a father gives (his) minor daughter in 
marriage, (and) if the daughter — when she comes of age — does not consent to this 
marriage ("transfer"), but subsequently declares her consent, then of the guardi- 
ans is indispensable. 

89, 17—90, 1: 

Furthermore, another (thing) has been said, that (if) a daughter to whom (her) 
father said: "be Mihren's wife!", does not become Mihren's [wife], (then) she shall 
remain in the status of her father's epikleros, (and) she shall become his successor (of 
"stur" type— A. P.). 



90, 1 — -4: 

Together with another (thing) it has been said, that if the mistress of the house 
declared the following: "I have given a thing to such-and-such a person upon "my 
death for jr/i7rship (= as a .r/ur-possession or foundation)", and a son is subsequently 
born to her, then if the child she bore (dies) before coming of age, and the mistress of 
the .house also dies without making a will, this conveyance (of the thing for 
•tfurship — A. P.) is null and void. 

90,4 — 6: 

And another (thing) has been said, that if the plaintiff (the ms. gives "the re- 
spondent") conveys the record of the testimonies (of the parties at a trial) without the 
knowledge of the respondent; then (this) is not proper, since the respondent may de- 
clare: "(I) will not sign (this record with) the plaintiff*. 



209 



MUD: TILYT 



'JO. fi— 8: 

Apak ani (gufi ku ka) pcScmar ke tand dalaslan pat rfiScnisn dast dalastan cv rfio 
(7) gufi ku-s nun vitir apar nc be ka-m kamisf (ul) xvahom dyon patigirisn ka 
pascmar"-it (8) xunsand bui. 

90,8—14: 

Ul an! gufi ku ka pus xvasiak l xves pal sturih be dahel (9) frazand I pas hat an 
hat katak-banuk zayci hat an tiybn slur 1 kartak bar-xves (ul) frazand I pas (10) hat 
an c ka hamba7 xvastak pal stunrf (Ms.: xveslh) be dahef hat katak-banuk zayet hat 
xvasiak I (11) pal sturih + (Ms.: xveSIh) be dat bahr ne raset ul dalaslan (I) dutak 
katak-banuk ul frazand I andar dulak (12) zayet apak stur f kartak ne oyon tiyon apak 
"Slur i gumartak ut butak -ul frazand I pal an (13) aovenak hat katak-banuk zayet apar 
xvastak I pus pat sturih be dat ne zayet te veh (14) but ne sayet ku frazand T 6)' pus 
hat zan I patixsayfha zayet (ne apar xvasiak /bahr I) xve$~ (?) zayet. 

90, 15—17: 

Apak anl Pusanveh T Azatmanan gufi ku ta baxOklh kunend ayap hat pus 
xvastak (16) ne pat apaxmand be pat xveslh 6 kas raset frazand I hat katak-banuk 
(17) zayet apar-it bahr I pus zai bavet ut pus I hat katak-banuk zayet xvastak (...) *. 



91. 1—15 



**. 



(...) hastom paytak evak (ut) an I ka xvastak (ra5 andai) dataslan ne gopet ku te; 
ditikar ka ne [gopet] (2) ku ke: sitikar ka droy gopet; taharom ka pat gumecak 
gumecak gopet: panjom (3) ka a^ikay gopet: sasom ka darisn I xvastak an gopet \ ne 
daret; haftom (4) ka xveslh I xvastak ne an gopet I hast; haStom ka saxvan nihanik 
gopet; (5) nohom ka adastapaf (Ms.: adatapar) gopet: dahom ka saxvan nazdist pat 
evarih ut pas pat gumaniklh (6) gopel hast (ke datastan)? ne sar Ml el ut be savet; 
yazdahom ka gopel kii-m eion menu; (7) dvazdahom ka gopet ku-m eion asnut; 
sezdahom ka (go(ict) saxvan (S) nazdist pat evarih ut pas pat gumaniklh gopet; 
_tahardahom ka ne pes I hamemaran {9) gopet; panzdahom ka andar miyan I saxvan 
ka hamemar venel xamos bavet; (10) sazdahom ka ne eton gopel ku datapar pat rastlh 
vitir tuvan kanan; haftdahom (11) ka vikay-druz; hastdahom ka 6 gyak ku zaman 
(zaman) kunet nc ayet; (12) nozdahom ka vikay I gopel fraiom ayap bavandak ne 



* The text of this article breaks offal this point. 
** The beginning of this amide has noi survived. 



TRANSLATION 



90, 6— S: 

Together with another (tiling) it has been said, that if a plaintiff who conducted 
several judicial cases (simultaneously — A. P.) declares (this) concerning one of 
them: "no decision (regarding the given case) need be (rendered) now, but (only 
when) I demand it", then this should be accepted in this manner, if the respondent 
also has stated his consent (to this). 

90, 8—14: 

And this has been said, that if a son conveys his estate for jr/t/rship and the mis- 
tress of the house subsequently bears a son, then — insofar as an "instituted' stur is 
the usufructuary — the child born to the mistress of the house after her co- 
partner /co-heir has conveyed his estate for -rrwrship (the ms. reads "in personal own- 
ership"') does not receive a share of the estate conveyed for sturshxp. And — 
(inasmuch as) the decision rendered in the case of the mistress of the household, the 
child born in the family, and an "instituted" stur differs from (the decision rendered 
in the case) of an "appointed" stur or a "natural" stur — the child born under these 
circumstances ("in this way") to the mistress of the house shall not inherit the estate 
given by the son for sturshiy. For it is not right that a child boni to the son from a 
patixsayih-wife should (not) inherit (his own share in the family estate). (Cf. supra 
51, 16—52, 12; 52, 15—17; et infra 90, 15—17). 

90, 15—17: 

Together with that, Pusanveh i A^atmartan has said, that (if) (a son is born to 
the mistress of the house) before the division of the inheritance, or (if) the estate of 
the (dead) son should not go to another person neither on the basis of succession (= in 
s/arship — .4. P.) nor as a personal possession (= as a personal portion of the inheri- 
tance), (then) the child (= the son) bom to the mistress of the house inherits also the 
share of a son, and the son born to the mistress of the house,...* 



91, 1—15 



**. 



... is evident from the eighth (point). One: when he does not say regarding the 
thing at the trial, what (type of thing it is); two: when he does not [say] specifically 
who (= does not name the person — A. P.); three: when he lies; four: when he speaks 
confusedly; five: when he testifies without having witnesses; six: if to an enquiry re- 
garding the possession of a thing, he designates the one (=a thing) which he does not 
possess; seven: if he does not indicate his real right ("the ownership of a thing 3 ') 
which (he) has; eight: if (he) gives his testimony in a hidden (= veiled) manner, nine: 
if he comes forward in court without having the title (of a legal representative); ten: if 
in giving testimony he first presents them as reliable and subsequently as unreliable, 
and there are also (among litigants) those who give up and leave before the end of the 
trial; eleven: when he declares: "it seemed so to me"; twelve: when he declares: "I 
heard it thus' 1 ; thirteen: when he first presents (his) testimony as exact (= reliable) 
and subsequently as doubtful; fourteen: if he testifies when the opposing party is not 
present; fifteen; if on seeing his opponent he stops in the middle of a word (= of his 
testimony); sixteen: when he does not speak (at the trial) in such a fashion as to make 
it possible for the judge to render an equitable decision; seventeen: if he is a false 



211 



hiHD: TEXT 



Finaycl; visions ka pni gyfik ui (13) g. r ])i \ kfi gojicl ku csloni nL- csicl: visievakom k:i p;i! 
gah (ul) gyak ku (14j cstat' apLyct nc xv;ip csici; 22-om k;i xvastak ul (h)cr kc pni- 
man ul patkar apar (15) druvisl 6 pes i daiafiaran nc afiarct. 



91, 15—92.2 



*. 



f ] (16) 3 io£ ul 7 ro£ dart (f^onT u t mah drahnaS pat f ] 

nisast ut murl (17J cton bavct ciyon ka gofict ku [pal] gyak mim an mart hac an zat 
"bar (1) ke xast?/murT pal xvartar nc nisast ut an mart mud. But kc guft (2) 
[varjomand ut pargar pat-is; kunisn. 

92, 2 — 6: 

Gyake nipiSt ku mart ka ne pareivan (3) be xval frac" savet 6 datafku (ut) gopet 
ku-m mart-e(v) (i> eton ozat (4) ka vikay apak nest pal markarzan nipistak pat-is ne 
(kart) kunend be ka (5) pat parezvan fra£ savet ut vinas T markarzan xvastuV bavet 
ka-£ vikay apak (6) nest a5ak-i£ pat vinas I markarzan nipistak pat-is kunend. 

92,6—10: 

'Gyake nipist (7) ku ka g6J3et ku mart I namcist ne danom (ut) Mihren Pusak zat 
(S) Pusak hac zat I Mihren ayap hac zat I an mart I-m guft ku-s (9) namcist ne danom 
bar murt Mihren ne varomand ut apak anl gopend ku (10) ves/sak ut ramak 
varqmand ne kuniSn. 

92, 10—13: 

Ka gopet ku Farraxv ut Mihren Pusak zat (11) ut Pusak hac an zat T Farraxv 
ayap hac" an zat I Mihren bar murt ut en (32) ku ha£ an zat hac an I ke bar murt ne 
danom ka-£ pas gopet ku (13) hac zat I (...) bar murt [ ] kem ne bottisn. 

92, 14—16: 

Ka go|5et ku sal evak [oy] zat (i) (ut sal 2 anl zat ut) ha£ an zat I sal evak (ayap 
ha£) an (15) zat I sal 2 bar (murt) (ut) ne varomand. Ut ka gopet ku-san akanen zat 
(16) ha£ an I oy (i) ayap ha£ anl bar [murt] harv 2 varomand hsnd. 

92, 16—17+97, 1—3: 

Ut ka go^et (1 7) ku Farraxv ut AturfarnbaY yut->"ut pat Mihren zahm kart ut en 
ku an zahm ke (1) pes kart ne be en danom ku zahm pat yut bar kart. Ut ka an I 
ditflkar] (2) kart (ha£) an I fralom kart ne xvartar but andar axvartarih I zahm I pas 
kart (3) Mihren murt Farraxv ut Aturfarnbay hnrv 2 varomand hcnd. 



This article is loo corrupt to be translatable. 



212 



TR4NSL.4TION 



witness; eighteen: if he docs not appear in the place where the court is in session; 
nineteen: if he docs not bring the witness whom he mentioned at first, or if he brings 
(no one); twenty: if he does not live in the locality and place of which he has stated: "I 
am staying (= live there)"; twenty-one: if he does not conduct himself well in the 
place in which it is incumbent for him to be; twenty-two: if he does not bring intact to 
the judges (= does not present in court — A. P,) the thing regarding which the con- 
tract and litigation (took place). 

92,2—6; 

It is written in one place that, if a man presents himself before a judge on his 
own. initiative ("himself') and not under constraint (and) declares: ;i I killed a man in 
such-and-such a manner", and if there is no witness with him then no decision is ren- 
dered ("no document is drawn-up") concerning the commission of a capital offence, 
as regards this man. But if he presents himself under constraint and confesses to a 
capital offence; then — even if he brings no witness — even in such a case, a judicial 
decision is rendered ("a document is drawn up") regarding (his commission) of a 
capital offence. 

92. 6—10: 

It is written in one place, that if he makes (the following) declaration: "a man 
whom I do not know, and Mihren struck Pusak, and Pusak died immediately from; the 
blow (struck) by Minren, or from the blow of the man of whom I said that I do not 
know precisely (who he is)"; (then) Mihren need not take an oath (or be subjected to 
ordeal — A. P.). And together with this it is said that slaves /servants and ''plebeians" 
(= the ramak, "the common people") are not subject to an oath (or: "to an ordeal"). 

92, 10—13: 

If he declares: "Farraxv and Mihren struck Pusak, and Pusak died at once from 
Farraxv's blow or from Mihren's blow, but I do not know (specifically) from whose 
blow he immediately died"; then even if he subsequently says: ''he died at once from 
(...) blow [ ], he should not be condemned ("he is nevertheless subject to ac- 
quittal") for it (= the change in his testimony — A. P.). 

92, 14—16: 

If he declares the following: "[this one] struck him one year (and another one on 
the next and) he (died) from the blow struck the first year (or from) the blow struck 
the second", then there is no need for subjection to an ordeal (oath-taking — A. P.). 
But if he declares; "they struck together and he [died] at once from the blow of this 
man or the blow of that [man]", then they are both to be subjected to the ordeal. 

92, 16—17 + 97, 1—3: 

And if he declares: "Farraxv and Aturfambay, each of them separately struck a 
blow (= committed an act of physical violence) against Mihren, I do not knew which 
one (of them) struck the earlier blow, I merely know that the act of violence (= 'the 
blow') was comnoitted at different times". If the blow struck by the second was not 
heavier than the first blow, then, in the case of Mihren's death, both Farraxv and 
Alurfambay must take an oath (or "be subjected to an ordeal") regarding the Fact that 
the second blow was not heavier than the first. 



01 

i. i . 



MUD: TliXT 



7S. 17 + 93. ]— .1: 

Evak en ku vicir i apamdan ka-c 07611 nipisl ku (!) vicnrlnn ul be nc dahisnih 
rao ka cvar nc palkarom pat xvap daslan (ut) k[arlak7] (2) oyon hac-i$ kart ciyon ka 
nipisl ku vicartan ul 6 to nc dahisnih rao ka (3) nc cvar nc patkarom. 

93, 3 — 4: 

Datafiar hac fravartak hampaccn 6 dat raocniSn (ha£ an) I (4) Zartust BTsahpuhr 
magupat pal (h)cr I alaxS kart paytak. 

93, 4—9: 

Evak (5) en ku muhr I pat kar framan daslan an I magupatan ut hamarkaran 
fratom (6) pal framan I Kavat I Peroian ut an I datafJaran fratom pat framan I Xusrav 
[i] (7) Kavatan ka rnuhr I magupatan I Pars kand magupat ne pat nam I magupatih 
(S) be pat nam i driyosan yatakgofilh xvand nipi§t ut pat an cim apar muhr f 
(magupat I Pars) (9) hamgonak kand estet. 

53, 9—11: 

Evak en ku ka axunsandlh I pasemar pat viclr (10) ra5 hac datajiaran 6 magu- 
patan viseh kart ut magupat an vicir pat vicar dast(an) (11) apar an (h)er I pat uzenak 
ut patroc apar pasemar framan dat. 

93, 11—14: 

Evak (en ku) mart (12) ke past kunet leu but I en cis" ra5 pat muhr I vavankan 
mart namak (13) aflarom ka pat muhr I 6y ke" pat vikaylh muhr I pat vavarikanih 
patigrift (14) estet namak a(3aret xvap. 

93, 14—94, 2: 

« 

Evak en ku ka nipeset ku merak pat (15) yatakgofilh I merak pes I man mat 
a5ak-is pat yatakgofilh (i) ne patigrift (16) bavet pat cand nipisl ut ava§t I pes das- 
tafiaran kart (ku) ka yaiakgop-ic pat (17) yatakgofilh namak 6 datastan a(3un pes la 
namak ke yatakgofilh hac-is (1) [paytak] frac patiglrend oyon nipistan ku merak I pat 
yatakgofilh T merak mat ciyon (2) yaiakgop (I) gumart 6 datastan patiglrend oyon 
nipistan ku merak i merak yatakgofi. 



214 



TRANSLATION 



78, 17 + 93, 1—3: 

One (decision) is this (the following). If (this) is written in a contractual docu- 
ment regarding credit (= "a debt"): "If it is exactly (known, established) that (the debt 
has already) been settled and that nothing is subject to transfer (in repayment), then I 
shall not bring suit"; then this formula is lawful (and) [the procedure?] is the same as 
though it were written in the following manner (in the document): "if it is not 
(established) precisely that (the debt) is to be settled and that (I) am obliged to pay 
you, I shall not litigate". 

93, 3—4: 

A judge must prepare a copy of a document (= the title of possession — .4. P.) to 
be given out, as is evident from (the document) prepared by ZarduSt, the magupat of 
Blsahpuhr. for the temple treasury (or perhaps "for the temple archives", cf. 78, 11 — 
U—A.P.). 

93, 4—9: 

In addition, the following: The official seal(s) of the magupats and finance offi- 
cials was first introduced at the order of (king) Kavat son of Perofc, and the official 
seal(s) of judges under (king) Xusrav son of Kavat When the seal of the magupat of 
Pars was cut, the magupat was inscribed (on its legend) as being ("called") not ac- 
cording to (his) magupat'(s office), but according to (his) defense of the interests 
("representation; advocacy') of the poor /destitute (or "deprived") [59]. And for this 
reason this legend ("this") is engraved on the seal of (the magupat of Pars). 

93,9—11: 

This, as well: if an affair is sent from the judges to the magupat because of the 
dissatisfaction of the respondent with the judicial decision, and if the magupat takes 
up this decision (of the judges) for examination; (then) (a judicial) directive is given 
("an order is given") as regards the respondent, concerning the sum. (required) for ex- 
penses and daily allowance. 

93, 11—14: 

And this also. A certain person makes an agreement (with the court) in the fol- 
lowing manner "I shall present ("bring") a letter sealed with the seal of a trustworthy 
man, to the effect that everything was so". If he brings a letter sealed with the seal of 
the one bearing witness, (with the type of) seal that will be accepted (by the court) as 
trustworthy; then this (/. e. the acceptance by the court of the testimony of a person 
not present at the trial — A. P.) is lawful. 

93, 14—94, 2: 

And there is also this. If he (= the judge or the court official charged with the 
taking of the minutes — A. P.) writes as follows: "(such-and-such) a man appeared 
before me for the legal representation (= as the legal representative) (of ihis other 
man)", then (this indicates that) the former has not yet been (officiary) admitted (by 
the court) as a representative. In their formerly written and sealed instructions 
authoritative persons have said, (that) if the representative presents ("brought") to the 
court a document confirming his mandate, then what must be written — until the 
document ("letter") from which [it is evident] that (he is empowered as) a representa- 
tive is accepted — is: "(such-and-such) a man has arrived (to assume the functions) of 
legal representative for (this other) man". (But) when he is admitted as the represen- 
tative appointed lo take part in the trial, what (must be) written is: "such-and-such a 
man is the (legal) representative (of this oilier) man". 



n 1 r. 



MUD: TEXT 



94, 3—6: 

Evak an! ham Pusanvch guft ku 1000 aturok i man ka dalafiar pn t gyak (-1) kfi 
uzdcs-kalak but uzdcs ha£-i£ kand nisast ka-s sardar (5) xvcsavand f pat nnmtist nc 
paytak but mart I pat Varahranlh 6 datgah (6) nisast pat sardar daSLan. 

94,6—10: 

Ka pit <ut) zan I ansahrik ra8 kart ku (7) pat £is-it aSvenak 6 Mihrcn I man pus 
ma hep Taset ut pes hat an e ka pit (8) pat baxt 5a vet ut an ansahrik pat apnrmand 6 
aparik frazandan raset hat an zan (9) frazand zayct vitart pit 6 Mihrcn (ut) an zan nc 
ut pat aparmand frazand I pat an (10) aovenak hat an zan zayct raset. 

94, 10—14: 

Zan I anSahrik I 6 zan i pat (1 1) dutak stur oyon dat ku 6 dutak ne raset ut pas 
hat an zan I ansahrik (12) frazand zayet frazand I pat an aBvenak hat ansahrik zayct 
hakar ta hat aparik xvastak I pat (13) an aSvenak be dat bavet hat an try on ansahrik 
xvastak pat xvesiri be 6 katak-banuk (14) mat andar xvesih I katak-banuk hame(v.) 
bayet + (ut) 6 dutak ne raset. 

' 94, 14 — 95, 2: 

Ka katak-xvatay (15) sal evak xvastak I-s xves tand 100 vahak arzet pat xvesih 6 
Mihr-(16)Aturfarnba'y I pus dat ut sal 2 ((h)andarz) pat (h)andarz kart ku-m xvastak I 
6 man mat (17) abaxt nem 6 AtuifarnbaY (i) aparik 6 Mihi-AtuifarnbaY I pus dat 
Mihi-Aturfarnbay (1) kart ku pat an i katak-xvatay (h)andarz kart xunsand ut 
hamdatastan horn gumanikJh ku Mibr-(2)AturfarnbaY dat I pes hist bavet. 

95, 2—4: 

Apak an! gufi ku ka sal evak (3) xvastak I mat abaxt nem am mart xves xvastak T 
pat 4 bahr ev bahi pat katak-(4)xvatay estet te-s hat an I andar an e pat xvesih' estet 
dat bavet nikeritan. 

[Numberless] 

95, 5—6: 

Dar * I apar en (6) ku tand datastan I dastapar ke hat-is asnut pat namtist nipist. 



* Tins chapter carries no ordinal-number. 



21 6 



m-wsLmow 



94, 3—6: 

The same Pusanveh has also said the following: if a man sets up 1000 [60] altars 
in the (very) place where there was an idol shrine — the idols having been destroyed 
("dug out") of there by a judge — without appointing a particular person from among 
his agnates as the guardian over these altars, then the man who has set up a Varahran 
Fire should be considered the guardian of these altars. 

94, 6—10: 

[fa father declares this, concerning a female-slave: "let her in no way pass to my 
son Mihren!", and if this (slave)-woman bears a son before the father dies and this 
woman passes to his other children as an inheritance; then this (slave)-woman does 
not pass to Mihren after the father's death, (but) the child born to this woman in such 
a fashion (/'. e. before the opening of the inheritance — A. P.), shall go (to him). 

94, 10—14: 

A slave-woman is conveyed to a woman who is the family stur in such a manner 
(under these conditions) that she (= the slave-woman) should not pass to the family, 
and after this, a child is born to the slave-woman: inasmuch as it (forms a part) of the 
remaining ("other") thing which was conveyed in this manner (under these condi- 
tions), (and) as a result of the fact that the thing — the slave-woman — went to the 
mistress of the house as a personal possession/property, (this child) shall belong to 
the mistress of the house and shall not pass to the family. 

94, 14—95, 2: 

If a head of household in one year conveyed a thing valued at 100 (drahms?) asa 
personal possesion /property to his son Mihr-Aturfarnbay, and in the next ("second") 
year he gave the following disposition in his will: "I have conveyed a thing received 
by me, in an undivided fashion: half to Aturfarnbay and the other (half) to my son 
Mihr-Aturfarnba7 ". (And if) MiJu-Aturfarnbay declares: "I consent ("am satisfied 
and agree") to the disposition given by the head of household in his will", then the 
doubt created by the original transfer of the thing to Mihr-AiurfarnbaY is thereby 
cleared up. 

95, 2—4: 

Besides other (things), it is said: if half of the thing which passed to him undi- 
vided one year (out of each two — A. P.) belongs to another person, then one-fourth 
of the thing must belong to the head of household since the Lransfer was made from 
what belonged to him at the lime. 



'to*- 



[Numberless] 



95, 5—6: 



Chapter* concerning the following: certain legal decisions (recommended) by 
the authorities (= the commentators on the legal nasks of the Avesta — A. P.), written 
down precisely by (those) who heard (these decisions) from them. 



217 



- MUD: TliXT 



95,7—10: 

Evak anl zan I hn£ zanlh hisV (ul) patkarct ku Soy apak xvfislak (H) hist hom ui 
soy xvastak hiSian ra5 nakira(k) ul xvastak dariSn pat ziyanak (9) an zan ra5 
Pusanvch I Azatmartan guft ku dariSn I an xvastak nc ul Pcroz (10) gutt ku-s darisn i 
an xvastak bdziSn. 

95, 10—12: 

Evak an I (Pusanvcb) ham Pusanvch (1 1) guft ku pcscmar ul pascmar ka" goficl 
ku-m xvastak hac pitaran apar mand (12) daslafiar ut cc novcnak xvcsTh harv 2 guft 
bavct. 

95, 12—15: 

Evak an I Pusanvch guft (13) ku ka xvastak l-san (ra5) kart ku kas ke Mihren 
xveS but gopet xves (14) Mihren pat 3 yavar (yavar yavar) pat 3 bahr ev bahr Farraxv 
xves" but guft gofiisn (15) harv T (Ms.: 2) kar (ut) xvastak hamak Farraxv xveS. 

95,15— 96,3: 

Evak anl ham Pusanvch guft ku (16) vahmin I magupat but ataxs" I Rarn- 

Sahpuhx ke ne hamesak-soz but (17) hamesak-soz kart ut vitan Mah-Atur Frefr- 

''GuSnasp ka an atax5 hac (h)er r xves" (1) hamesak-soz daStan ne Sayet hac (h)er i 

vdutak I Mah-Atur Freh-Gusnasp (2) hamesak-soz daStan ra5 patixsay dastaparan I 

mat estat hend framan (3) dat. 

96, 3—8: 

Evak anl Siyavax.5 guft ku ka kunet ku xvastak I pat aparmand (4) 6 frazand i 
man raset frazand I man pat sriirih I man hefl darend ut pus an xvastak pat (5) sturih 
andar ne apayet ra5 goflet an xvastak 6 pus ut duxt rast dat (6) bavet ut haian ciyon 
duxt ne ut pus patixsay ka sriirih ne kunet an I d duxt (7) dat pat duxt be estet ut an I 6 
pus dat aframln bavet ut pal aparmand (S) rastiha 6 duxt pat sriirih 6 pus pat xvesih 
raset. 



218 



TRANSLATION 



95. 7—10: 

Here is another (case). A woman who has received a divorce brings suit: ''in dis- 
solving (my) marriage with my husband, I simultaneously (with it) settled (my) debt", 
(but) the husband denies the fact of the settlement (or "discharge /remission") of the 
debt, and the thing (is) in the possession of the woman: as regards this woman, 
Pusanveh I Azntmartan has said that the possession of this thing should not (be left to 
her), whereas Peroi has said that she should enjoy the possession of the (that) thing. 

95, 10—12: 

The same Pusanveh has also said another (thing): that if the plaintiff or the re- 
spondent declares: "the thing came to me as an inheritance from my fathers", then 
both the de cujus (lit.: "the disposer, giver of the mandate; the former holder of the 
title to the thing conveyed or transmitted") and the variety of the (acquired) real right 
must be indicated. 

95 ? 12—15: 

One more decision from what was said by Pusanveh. If anyone disposes of his 
own thing in the following manner: "this thing shall belong to (the man) whom Mi- 
hren shall declare (to be its entitled) possessor /owner", and if Mihren shall make the 
declaration in three instances: "one-third (of this thing) belongs to Farraxv", then this 
declaration is valid all three (times) and the entire thing belongs to Farraxv. 

95, 15—96, 3: 

The same Pusanveh has also said this. So-and-so who was a magupat turned 
("made") the Ram-Sahpuhr Fire which did not burn continually, into a perpetually 
bunting one. And after the death of Mah-Atur Freh-Gusnasp (= the magupat of Ar- 
tax5ahr-Xvarreh T cf. supra 99, 3 — 8 — A. P.), the entitled persons ("the disposers") 
who were gathered together established ("gave an order 31 ) that if it should turn out to 
be impossible to preserve the Fire perpetually burning on its own (= the temple's) 
means, it is lawful (to use) the means of Mah-Atur Freh-Gusnasp's family to keep the 
Fire burning perpetually. 

96, 3—8: 

Siyavaxs has also said, that if (a man) has made a disposiuon in the following 
manner: "Let the estate which should pass to my children as inheritance be possessed 
by my children as my sturs", and if the son declares that (he) does not need this estate 
on the basis of ^furship, (then, on the strength of this testamentary disposiuon of the 
father), this estate is transmitted equally to the son and the daughter, but — inasmuch 
as the daughter is not entitled (to refuse the assumption of the i-mrship), whereas the 
son is entitled to refuse the assumption of the sfurship — what is transmitted to the 
daughter shall go to the daughter (as he father's epikleros and on the basis of a stur- 
possession — A. P.), whereas the injunction is removed (/. e. the disposiuon of the 
father concerning the transmission for .rturship is rescinded — .4. P.) from what is 
transmitted to the son, and (thus) it passes equally to the daughter — for 5/ivrship 
(= as a i'/'ur-possession), and to the son — as a personal possession (= on the basis of 
his inheritance portion of his father's estate — A. P.). 



219 



MHD: TEXT 



96, 8—10: 

Evak ani (9) ham SiyavaxS guft ku zan I mart kc-5an La JO sal .wastak pat st Drill 
avi-5 (10) dat 6 an sturih nayend pas hac 10 sal sturih nest" . 

96, 10 — 13; 

Evak ani ham SiyavaxS (11) guft ku xvastak I mart abaxt ncm pal sturih (I) xvcS 
6 Aturfambay ut apartk (12) pat sturih I xves 6 Mihren daf Aturfarnbay ul Mihren 
baxtlklh. pat-is karlan ne (13) patixsay. 

96, 13—16: 

£vak ani ham SiyavaxS guft. ku ka mart kart ku frazandan I man pat (14) froxtan 
I en aiisahnk patixsaylha ma hep* bavend avesan frazand (frazand) (15) ut apyatak I 
hat avesan ansahnk an I zan zayet froxtan ne patixsay hend. 

96, 16—17: 

Evak ani ham SiyavaxS guft ku ka gofiet ku Mihren I man pus harv sal (17) 
xv*stak axz 50 ayap ha£ vaxt I en x\ f asLak(Iha) 200 6 Farraxv heS dahet vitan (...) *. 

91, 1—3: 

Vide supra 92, 16—17 + 91, 1—3. 

91, 3—7: 

Ka anSahrik (4) guft ku Savom ut K... be ozanom ut xvaiiiv guft ku cim goBsh 
ka-t karlan (5) ne tuvan ul ansahrlk sut u-S (i) an mart ozal gyake nipist ku pat ma- 
gupatlh I (6) Burzak mat u-s + (Ms.: u-5an) nipistak pat -is kart ut pas Zurvandat guft 
ku ne varomand (7) u-san hac an nipistak be hiliSn. 

■ 

91, 7—9: 

Gyake nipist kii zan ka soy i (8) xveS ra5 gopet ku-5 markarzan kart xvastak i 
56y apar ne manet ne-£ (9) stur I Soy bavet. 

97. 9—10: 

Ka mart zan (I) xveS raS gopel ku-S markarzan (10) kan vitart an man an zan 
soy apar oh manet ut stur I an mart bavet. 



* Tliis article breaks oil' at this point. 



220 



TRANSLATION 



96, 8—10: 

And the same SiyavaxS has said another (thing): that a married woman to whom 
a thing has been conveyed for ten years as a stur (possession; lit.: "into sfurship"), 
(and who) is brought to (the assumption of this) j/urship, ceases to be a stur at the 
expiration of ten years, 

96, 10—13: 

And the same SiyavaxS has said another (thing), that (if) a man conveyed half of 
a thing in an undivided state to Aturfarnbay for his (own) Warship, and the other 
(half of it) to Mihren (likewise) for his .yrilrship, then Aturfarnbay and Mihren are not 
entitled to divide the thing. 

96, 13—16: 

The same SiyavaxS has also said that, if a man has declared the following 
(disposition): "let my children not be entitled to sell this slave-woman!", (then) these 
children and their descendants are not entitled to sell a slave born from that (slave)- 
woman as well. 

96, 16—17: 

The same SiyavaxS has also said that if (a man) declares this: "let my son Mi- ~ 
hren yearly convey to Farraxv (any) thing valued at 50 (saters — A. P.) or 200 
(drahms — A. P.) from the accretion (= revenue) furnished by this thing", (then) after 
the death (...) *. 

97, 1—3; 

Vide supra 92, 16—17+97, 1—3. 

97, 3—7: 

If a slave has said: "I shall go and kill K....", and his master has said: "you will 
give a reason if you prove unable to do this", and the slave set out and killed the man; 
it is written in one place that this occurred when Burzak was magupat and an edict 
("letter, document") concerning this was drawn up by him. And subsequently 
Zurvandat saii that (the slave?, the given case?) is not subject to an ordeal-court* and 
(that) they (= the slave and his master) should be judged an the basis of this edict 
(= "the letter or document" drawn up by the magupat Burzak — A. P.) [61]. 

97, 7—9: 

It is written in one place that if a woman declares of her husband that he has 
committed a capital offence, then she will not inherit her husband's property, nor does 
she also become his stur. 

97, 9—10: 

If a husband makes an (unfounded) declaration concerning his wife: that she 
committed a capital offence, then after the death of this husband, the wife shall in- 
herit from her husband and she may (also) become his stur. 



221 



MUD: TliXT 



97. 11 — 12: 

Ka kart [ku J but kc guft (12) kii-S slur 6)1 gumariSn be 

xvat pat sturih I kas nc Sayct. 

97, 13—15: 

Ut ka pal stGrih gumart ut pas hac gumart pat markarzan varomand kart but (14) 
ke guft ku an sturih be kaniSn ut anl mart I sazaktar be gumariim (\S) ut but kc guft 
ku nc kaniSn. 

97, 15—98, 1: 

Ka pat markarzan eraxt aSak-iS xvastak I (16) hast hac-is" ap(p)ar but ke guft 
ku-5 rocik I zan ut frazand hat-iS be kuniSn (17) [ut] pat kartak ne kunend £e ka 
markarzan but aSai-is" zan ut frazand (1) [ut] gehan hac-is" ap(p)ar bavet. 

98, 1—5: 

Vahram ha£ Pusanveh (I) Azatma.rtan be guft ku (2) nipi£tak-e(v) hac vikaylh I 

zan 2 (ut) pat magupatih 1 ( ) I Staxr (i) magupat kart estat (3) ut moYan 

(h)andarzpat frac patigirift be Zurvandat guft ku an pat kartak ne kart. (4) Vahram 
guft ku vikay evak zan ut evak mart aSeniSn pursisn-namak oh kart(an) (5) zan ut 
anSahrlk ne. 

98, 5—6: 

Pat en 2 caStak guft estel ku pat -\inas I Sahr (6) Soy ut .watay ne patixsay [...]. 

98, 13*: 

(...) ne magupatan be ratan kart. 

1 

98, 13—14: 

Gyak-e nipisl ku ka markarzan kunet xvastak 1(11) andar an e hac by beron pat 
avinaslh kas daret 6 by 1 daret ap(p)ar. 



* Only tlit; beginning of this article has survived. 



222 



TRANSLiTION 



97, 11— 12: 

If he declares [(the following) (then)] the opinion has been ex- 
pressed that a stur should be appointed for him, but he, himself, may not become any- 
one's stiir. 

97, 13—15: 

If a man is appointed as stur and (after his) appointment, he is sentenced to un- 
dergo the ordeal procedure for an accusation of a capital offence, then — in the 
opinion of certain authorities — this appointment to -yfurship should be rescinded 
("destroyed"') and the most suitable other person (in the agnatic line of calling — 
A. P.) should be appointed; but in the opinion of others, (this appointment to jrnJrsbip) 
should not be rescinded. 

97, 15—98, 1: 

If (a man) is condemned for a capital offence, then (all) the property in his pos- 
session should be confiscated /seized. An opinion has been expressed according to 
which the means required for the support of (his) wife and children should be drawn 
(from the bulk of the property of the condemned man — A. P.), but this is not done in- 
court practice (or "according to judicial practice" = kartak), because if a man has been^ 
condemned for a capital offence, he is deprived of (his) wife, children and property. '< 

98, 1—5: 

Vahram, citing Pusanveh I Azatmartan, has said that a document was drawn 

upon the basis of the ■witnesses' deposition of two woman, in the magupatzic of ( 

...), the magupat of Staxr, and the (Ji)andarzapat of the Magi accepted (this docu- 
ment). Zurvandat, however, has said that according to judicial norms (or "in judicial 
practice") this was not done. Vahram has said that (in a case where) a woman and a 
man are brought in as witnesses, a court record is drawn up, (but) not (in a case in- 
volving) a woman and a slave. 

■ 

98, 5—6: 

It is said in these two "Teachings" (= commentaries on the legal nasks — A. P.) 
that — ■ if (it is) to the prejudice of the state /city (= sahr) — a husband and a master 
(= slave owner) are not entitled [...] [62]. 

98, 13*: 

98, 13—14: 

It is written in one place, that if he commits a capital offence, then the property 
belonging to him which is not in his (possession) at the time, (and) is in the (actual) 
possession of an innocent person, shall be removed (from the estate of the criminal — 
A. P.) for the benefit of the person who possesses it. 



223 



MlIU: 1 Ls\.i 



98, 14—17: 

An! (15) gyakc nipisl ku ka pascmar nazdisl hatasmand ut pas marknr/- : in k;irt 
(16) hakar pat haCasmand xvaslak be karl but 6y (I) xves kc be kart (17) h by kc 
markarzan andar kart ne rasct. 

98, 17: 

Markarzan ka pat patlt bavet (...)*. 

99, 1—3: 

... (1) namak I mart pat muhr I xves ka-s anJ-c" muhr vavarikan + muhran apar 
estet (2) u-s anastlh (i> ne paytak but andar oy ke pat avist (ut) nipist pat levari h (3) 
kar ha£-i£ kartan. 

99, 3—8: 

Apak anl Pusanveh I Azatmaitan guft ku namak~e(v) I pat muhr I (4) pascmar 
but ut pasemar avist ra.5 pat naklrakih en-it guft ku muhr (5) ke pat-is Ivist andar an 
e van! ne pat miyan but (ut) apaf 6 man ne mat <ra5) (6) hat" an (i) cryon paytak but 
ku pasemar an muhi pas-i£ ha£ an pal kar (7) dast Mah-Atur Freh-Gusnasp I Ar- 
taxsahr-Xvarreh magupat but ut Zurvandat (8) pat evanh kar haE-is kart. 

99, 8—13: 

Anl Pusanveh I Azatmaitan guft ku kurt harv (9) ka rasend ka-£ ne pat 
\d5anmaruh raset be ka hakurC 6 (10) an gyak pat ^Sanmanlh ne mat hend u-S 
hame(v) dataflaran dataparih pat-il (11) Apak anl pat hamemarih kart I martohm I 
kurt nipiSt ku pat \i5anmanih (12) apar an gyak raft estet ut en ne nipiSt ku nun pat 
an gyak viSanmanlh (13) mat estet. 

99, 13—15: 

Ut anl guft ku Farraxv ha£ andar Mihren ef ha£-is apesaxvan (14) but pat apam 
I andar an e ka apesaxvan but Mihren 6 Farraxv apayist dat (15) apa£ kart ne 
patixSay. 

99. 15—17: 

Ut an! guft ku pat tozisn oy \H ke xvastakdar (16) ne ut xvaslak hast an (i) 
xvaslak hakar kas pat an tozisn vicartan andar ne (17) estet pat grip" apac" kart ra 5 
datajiaran 'neir kunisn. 



* Only the beginning of this article has survived. 



224 



TRANSLATION 



98, 14—17: 

In another place it is written that if the defendant first defaulted at the trial and 
subsequently committed a capital offence, and if a thing was taken away from him in 
conne:don with his non-appearance at the trial (= the security requisitioned from the 
property of the defendant after his first or second non-appearance at the trial — 
.4. P.); then it (= the thing) belongs to the one who took it away (= the plaintiff in the 
defaulted trial — A. P.), and it does not go to the one (the man) with regards to whom 
the capital offence was committed. 

98. 17: 

If a man who committed a capital offence, expiates his crime (...) *. 

99, 1—3: 

...the document ("letter") which a man sealed with his seal, if (among) the trust- 
worthy seals on (this document) there is also another seal whose forgery/destruction 
has not been declared, then, inasmuch as it concerns the man who wrote and sealed 
this document with his authentic seal, it (= the spoiled seal on this document) is to be 
considered as valid. 

99, 3—8: 

Besides another (statement), Pusanveh I Azatmartin has said (the following):-;; 
The seal of the respondent was on a document, but the respondent declared — as a 
denial of (the fact) that he had affixed his seal to (this document): "(this) seal with 
which (this document) is sealed, was not in use having been lost at that time (/. e. the 
time when the document was composed — ■ A. P.), and (it) has not returned to me 
(since that time)"; (then) — inasmuch as it was demonstrated that this seal was used-.; 
by the defendant after that (time) as well — Mah-Atur Freh-Gusnasp, who was the 
magupat (of the district) of AxtaxSahr-Xvarreh, and Zurvandat considered it valid. 

99,8—13: 

Pusanveh I Azatmartan has also said that every Kurd sojourning in (a given dis- 
trict), even if not on his (periodic) migration — unless he never sojourned in this dis- 
trict on his migration — is subject to the jurisdiction of the judges (of that region). In 
addition, as regards the jurisdiction over the Kurdish population is written 
(= formulated) thus: "(A Kurd) who has set out to nomadize in that region 1 , but it is 
not formulated ("written") thus: "at the present time he arrived to nomadize there". 

99, 13—15: 

And it is also said that Farraxv is not entitled to make a claim for (' : to retain, 
seize") (anything) from the property which Mihren renounced against a debt which 
fvtihren was obliged to repay to Farraxv at the time when he renounced (this 
property). 

99, 15—17: 

And another (thing) is said. The judges must render a decision as regards the re- 
payment ("in payment, in settlement") of a debt by one who is not the heir (of the 
debtor — A. P.), but who holds ("has") the thing, (and specifically) as regards the ne- 
cessity to seize the thing as security if the person obligated to repay the debt is not 
present. 



225 



KUID: TEXT 



')'), 17—10(1, 5: 

Apak an'i (1) Pusanvch i A/innuirtan gufi ku xvastak i man kc zan ut frazand tic 
but (2) pal sturih 6 kas dat ka pal an sturih (6) kas kc nvi-S dal mill (3) cslcl pal vitir I 
apamdan I 6y kc dat karl andar 6y kc xvasiak avi-s dat (A) rivnst dasta[3arlh I pat 
graplh daslan rao Burzak I Artaxsahr-xvarrch magupat (5) but vicir karl. 

100,5—7: 

Ut an! gull ku magupat pat yul sahr ut dnlafiarfin pat yul (i) (6) tasuk but (I) ka 
pat muhr I pal kar-framan daslan nipist ut Svasl (7j kart. 

100,7—11: 

Apak aril apar pursisn-namak I sal 26 Xusrav i Ohrmizdan (8) raoenll (ut) andar 
ArtaxSahr-xvarreh pat-i£ ostlkanih I Mah-Atur Freh-Zartust I (9) Ohrrnizd-Artaxsahr 
magupat namak pat-is pas(s)axt T (Ms.:PWN s'xt') ul andar G6r i Artaxsahr-xvarreh 
(10) pat-ic muhr I Ohrmizd-Artaxsahr magupat pat kar-framan daslan IviSt I (11) 
ham pursisn-namak ra5 nipiSt estet. 

100,11—15: 

• Ut apak anl apar 6y bay Ohrmizd sahan sah (12) pat dip I Gor datafiar 6 Ar- 
taxSahr-xvarreh magupat kart nipist estet ku (13) im dip ut dip-ic I dil ka merak muhr 
apar nihat hac go[li5n I pesemar ut (14) merak I pasemar en dip ut dip-ic I dil pal 
muhr I Xunapakan manak (? Ms. r^V^) pat kar-framan (15) daStan (ut) AnoSzat ke 
tasuk I Xunapakan pat manaklh (? Ms.: ■\)Jh ij r^>) dasta|3ar (= PQDWN) aviSt. 

100, 16—101, 1: 

Ut anl Pusanveh I Burzatur Farnbayan guft ku xvastak I pit pes hac an I (17) ka 
duxt I patixsayiha stur kart 6 an duxt dat apa£ 6 dutak (1) sturih raset. 

101, 1—4: 

Apak an! guft ku duxt ke pit I patixsayiha xvastak (2) pat sturih avi-S dahet an 
sturih ne pauxsay be ka kunet ut hakar xvastak i (3) pes hac an dat apat (nc) aparet 
guft bavet ku pit xvasiak I pat (4) xvesih 6 duxt dat ka-s kamet vastan pntixsay. 



226 



TRANSLATION 



99, 17—100, 5: 

Besides this, Pusanvch T Azatmartan has said about a thing conveyed by a man 
having neither wife nor children to a certain man as a ^/-(-possession), that if the 
man to whom (the thing) was conveyed renounces this srilrship, Burzak, who was 
magupat of (the district of) Artaxsahr-Xvarreh, rendered a decision as to the right (of 
the man who renounced the sfurship while being the former's creditor — A. P.) to 
hold this thing as a security guaranteeing ("against; of) the loan contract that the 
one who declared the transfer (of the thing for j/wrship; the institutor of the 
rfz/rship — ,4. P.) made ("sealed") with the one to whom he conveyed the thing (as a 
jr/ur-possession). 

100, 5—7: 

And it is also said, that a magupat (when sending letters, judicial documents) to 
another Sahr, or a judge to another tasuk — sealed it in former times with his official 
seal {Vide supra 93, -I — 9, et infra 100, 7—11). 

100,7—11: 

In addition (the following) is written concerning the record of a judicial investi- 
gation drawn up in Artaxsahr-Xvarreh in the twenty-sixth year of (the reign of) Xus- 
rav son of Ohrmizd in the dstlkanaxt of Mah-Atur: that Freh-ZartuSt, the magupat of 
(the city of) Ohrmizd-Artaxsahr, composed a letter on this (subject), and that (he) 
sealed it with the official seal of the magupat (of the city) of Ohimizd-ArtaxSahi (to 
send it — A. P.) to (the city of) Gor which is in (the province of) Artaxsahr-Xvarreh. 

100, 11—15: 

And another. Under (our late) sovereign Ohrmizd, King of Kings [63]^ this was 
written in a document drawn up by the judge of (the city of) Gor and sent by him to 
the magupat (of the province) of Artaxsahr-Xvarreh: "this document — and another 
document to which the man affixed his (own) seal — is the record of the deposition 
("declaration") of the respondent and the plaintiff. And Anoszat, head ("empowered 
manager") of the judicial department (?) of the district of XQnapakan sealed this 
document — as well as the other document — with the official seal of the judicial de- 
partment" (?). 

100, 16—101, 1: 

Pusanveh I Burzatur FarnbaYan has also said, that a thing conveyed by a father 
to his daughter from a patixSaylh -marriage before he designated this daughter as (his) 
slur, must be returned to the foundation for ^/urship of (this) family. 

101, 1 — X: 

Besides other (things) it is said, that a daughter to whom her father (married to 
her mother according to) a pdiisxayth-maniag& has conveyed a thing as a slur- 
possession is not entitled to act otherwise than to assume the given 57urship 
(= become her father's epikleros — A. P.), And if she does (not) return the thing 
which her father conveyed to her earlier (= before her institution as epikleros — 
A. P.); then it is said in this connexion that her father if he (so) wishes is entitled to 
lake back ("turn") the thing that he gave to the daughter as a personal possession 
(= as her personal inheritance-share in her father's estate). 



227 



MUD: TEXT 



101, 4 — 8: 

Ul apak anl (5j Dat-Farraxv ut SiyavaxS gufl ku marl zan Ipalixsaylha 6 6y i pat 
zan ul (6) frazand niruzcd ut pal an niruzdlh avinas ul xvahiSn I pat zan datlha kart (7) 
estet yut-i£ hat hamdatastanlh I zan dat patixsay ul ka dahct xvaslak I (8) zan 6 6y kc 
zan avi-S dahet ne rascL ' 

101, 8—11: 

Ut anl gufl ku ka (9) xvatay bandak pat bandakih 6 aturan dahct a-t 6h-i£ ku-5 
pat frazand I bandak patixSaylh (10) nest pas-i£ frazand ut afiyatak I bandak bavend 
aturan bandak bavend Ce-san frazandlh (11) ul afiyatakih J bandak aturan bandakih 
(ra5) hame(v) bavet. 

101, 11—15: 

Apak anl guft ku bandak 1 I Farraxv ut (12) Mihren xve£ a-t <KN 'YK) Farraxv 
pat vindisn I (ut) bandak bahr I Mihren £i5-i£ patixSayTha (13) nest pas-i£ ka Farraxv 
bandak bahr I xveS azat kunet bandak zan ut frazand oh (14) bavet 
pasadatakan/pasadatakan ut vaspuhrakan I zan andar 6 bandak baret ha£-is ha- 
ma5ven pat-is" (15) be estet. 

101, 15—17: 

Xvastak I ka bun + (Ms.: bandak) nem mart ansahrik ut vindisn nem an mart (16) 
: xveS but ha£ aiu kas 6 bandak mat ut andar 6 xvatay ne Savet eton (17) Sayet but. 

101, 17—102, 3: 

An! guft ku ka pesemar (ha£) pasemar anbassan ku-m yam-e(v) I (1) pat 10 pat 
to grap kart ut 10 be patigir ut yam apaE dah ut pasemar ha£ apamdan ut grapih (2) 
anbassan ut peSemar boxtet pasemar yam apa£ dahisn apak-i£ anbassanlh pas-iE (3) 
10 ap(p)ar ne bavet. " • 

102, 3—9: 

Apak anl guft ku ka pesemar pat xar 1 ha£ pasemar (4) anbassan ut pasemar an 
xar pat guhaiikanlh I gav 1 ha J pasemar stat ut an gav 6 (5) pesemar apispan ul 
pesemar an gay pat ziyanak (i) ha£ pasemar dastan ra5~ (6) paikan hakar pasemar" 
(Ms.: pesemar) boxtet (ut) peSemar xai ap(p)araklha be kunei ut gav (7) apak-it an I 
pasemar ha£ xveslh I xveS nakira(k) pas-i£ ka pasemar xvahet (8) 6 pasemar 
apispariSn ut hakar pasemar eraxiet pasemar tavan I pat xar (9) be kunet ut gar pat 
peSemar be manel. 



228 



flfc^ 






TRANSLATION 



101.4 — S: 

And besides other (tilings) Dat-Farraxv and SiyavaxS also said, that a man is 
entitled to hand over his wife from a patixiaylh -marriage, without the wife's consent 
to a man bereft of wife and children and innocent of this bereavement, who has le- 
gally (officially) requested (= presented a demand for) a wife. And if he hands her 
over, then the wife's property does not go to the one to whom he conveyed (his) wife. 

101. S— 11: 

And another (thing) is said, that if a man gives his (slave) as a slave to a Fire- 
temple, then he has no authority (= title) over the offspring of (this) slave. And if the 
slave subsequently has children and grand-children, then they shall be slaves of the 
Fire-temple; because they are children and grand-children of a slave, they (= each of 
them) will always (= inevitably) be slaves of the Fire-temple. 

101, 11—15: 

Together with another (thing) it has : been said, that (if) a slave belongs jointly to 
Farraxv and Mihren, then Farraxv has no rights /power as regards Mihren' s share in 
the income of the slave. And if afterwards Farraxv frees his share of the slave (and) 
the slave has /acquires a wife and children, the dowry (= daugher's portion of her fa- 
ther's estate — -A. P.) and the paraphernalia brought by the wife to the slave shall be- 
long entirely to him and to her. 

101, 15—17: 

If a thing of which half of the principal belonged to a slave and half of the in- 
come — to this man has come to the slave from a third party ("another man") land 
does not go to the (slave's) master, (then) this is licit. 

101, 17—102, 3: 

And another (thing) is said, that if a plaintiff prefers a charge (and declares): "I 
conveyed a vessel to you as a pledge against the ten (saters) (loaned to me). (Now) 
take the ten (saters) and return the vessel!", but the respondent denies the fact of the 
loan and security, and the plaintiff wins the case ("is acquitted 1 '), (then) the .respon- 
dent is obliged to return the vessel and despite (his) denial (in court of the fact of the 
loan — A. P.), he shall not lose the ten (saters). 

102, 3—9: 

Besides other (things) it is said, that if the plaintiff litigates with the respondent 
over a donkey, but the respondent received this donkey from the plaintiff in exchange 
for a bull, and he conveyed ("re -entrusted") this bull to the plaintiff, but the plaintiff 
contended that he received this bull from the respondent as a loss (to himself). (Then) 
if the respondent (the ms. has "plaintiff' — A. P.) is acquitted (= wins the case), but 
the plaintiff forcibly ("as a brigand") takes away the donkey, then the bull must be 
returned to the respondent at the respondent's first demand, even despite (the fact) 
that the respondent denied (at the trial) that (this bull) belonged to him. But if the re- 
spondent is convicted (= loses the case), then the respondent must pay a fine for the 
donkey, and the bull shall go to (" remain with") the plaintiff. 



229 



MUD: TliXT 



102. y— U: 

Ul apak ani gufl kfi marl (10) xvlisuik i naxvisi pat gr, r i|ii!i ut pas pat xntnkih i 
cvar pnt xvcsih apar paikarct (1 \) vaslakih rfio nc cranjcniSn. 

102, 11 — 12: 

Ul apak ani gufl ku ka 6 cvarih vartc! nc (12) cranjcnisn. 

102, 12—13: 

Ut apak ani gufl ku apfpjanh i (nc/ pnt t\t i kas 6 kartak nc (13) karl estct. 

102, 13—14: 

Hambay ut payandan ka lozisn pal nakirakih vicarend guhank apac" (14) ne 
raset. 

102, 14 — 15: 

Ani gufl ku ka go[ict ku en muy bar brin (ut) to xves a5ak-is (15) bun dat bavet 
ne bar. 

102, 15—16: 

Apak an! guft ku dip muhr-vext ul saxvan-namak (16) muhr-bnt (ut) visat visal 
dip ut saxvan-namak ra5 gufl bavet. 

102, 16—17: 

Ut ani gufl (17) ku mart xvastak I dit sal I pat namciSt ra6 nipiSt ut kart ku 
mandan...* 

103, 1—2**: 

(...) pat dastaParih avi-s hame(v) raset (i) 6-£ pus ke xvastak pat sturih be dat (2) 
1 1^-6 (?) ne oySn bavet cry on frazand I hac zan I pan.xsayiha I an (ut) pus zayet. 

103. 2 — i: 

Ut am (3) gufl ku ka sopet ku en saxvan-namak (I) muhr-(i>-brit en dip (I) 
muhr-(i)-vext (4) (ut) visat aOak-iiT visat ne muhr be dip ut saxvan-namak ra5 siuft 
bavet. 

103.4—6: 

Apak (5) ani gufl (ku) ka gopet ku-m ASzuixvatay nem azat kaxt ut pat 3 bahr ev 
bahr pat bandakih (6) 6 ataxs dat a5ak-is pat 3 bahr ev bahr ne hac an nem gufi. bavet 
ku-m (dat) (azat kart). 



The text of this article breaks off a: this point. 

Only the end of this article has survived. No coherent translation of it is possible. 



230 



£K 



TRANSLATION 



102,9—11: 

In addition to other (things), it is said that if a man litigates over his ownership 
of a tiling — first as a pledge (/. e. citing his right as the creditor to possess the thing 
as security — ,4. P.), and subsequently on the strength, of an authentic (= proven) pur- 
chase thereof, then (he) should not be sentenced to a fine for (this) shift from (the 
original statement) [64], 

102, 11—12: 

Together with this it is said, that if making a shift from (his original testimony) 
he turns to a trustworthy one, then a fine should not be adjudicated (for this) (as for a 
judicial offence — A. P.). 

102, 12—13: 

And together with this it is said that (actions concerned with) losses (or 
"seizures"; lit. "deprivation, taking away") of small amounts ("things") are not ac- 
cepted for judgement through legal procedure (= trial). 

102, 13—14: 

If a co-partner or warrantor settles a correal (joint) debt ("obligation to pay") 
through a court decision ("through a trial") [65], then he loses his right to a regres- 
sion [lit.: "no restitution (for his e>qpenditures) reaches (him)"]. 

102, H — 15: 

And another (thing) has been said, that if he declares: "this date palm belongs to 
you except for the fruit", then the base (= the tree itself) is conveyed ("given') but not 
the fruit (brought forth by it). 

102, 15—16: 

Together with this it is said, that a document with the seal removed and a record 
of depositions whose seal has been cut off are — open ("opened"). "Open" is said of 
the document and of the record. (Cf infra 103, 2 — *). 

102, 16—17*: 

103, 1—2**: 
103, 2 — t: 

And another (thing) is said, that if he declares: "this record of depositions with 
the seal cut off, (or) this document with the seal removed (are) open (= opened)", the 
(designation) "open" refers not to the seal, but to the record o[ depositions and to the 
document (cf supra 102, 15 — 16). 

103, 4 — 6; 

Besides other (things) it is said, (that) if he declares: "I manumitted one half of 
Apzutxvatay (= proper name of a slave — A. P.) and conveyed one-third (of him) in 
servitude to the Fire-temple", then the "one-third" is not (taken) from the one-half of 
which "it was said; "I manumitted". 



231 



MUD: TEXT 



103, 7— »: 

Ul apak am guft ku ka gofict ku sard.nran i rclak rclak hac (h)cr i xvc£ (H) hat 
duSmanan pat vahak xrit haC (h)cr i rclak guft bavet ku(-m) xrit. 

103, 9—10: 

Apak ani pat aparmal I ratan pat fh)cr I Atur I Farnbay kart ut nipisl ku ban- 
dakin 1(10) atur (I) Farnbay Atur i Farnbay hac (h)cr I xvcs ha£ duSmanan pat vahak 
xrit. 

103, 10—12: 

Ut apak (11) ani (guft) ku ka gopet ku-m ziyanak pat handociSn ut vindisn I xveS 
patixsay kart (12) handotiSn ut vindisn I ziyanak ra5 guft bavet. 

103, 12—13: 

Ut apak ani guft ku ka gopet (13) ku bar i muy I man xveS (6 to) hep bavet a5ak- 
is xveslh muy ra5 guft bavet. 

103, 13—15: 

Aiu (14) guft ku ka goPet ku en xvastak la ama zlvandak hem akanen darem ka 
(15) evak mlret (ku) en (xvastak) 6y-i£ I dit ne darisn. 

103 : 15—104, 1: 

Apak ani guft ku ka gopet (16) ku ta ama zlvandak hem en xvastak ama darem 
ayap gopet ku ama ta zlvandak (17) hem en xvastak pat akanen darem ka evak rruret 
6y I dit [nem] 1 oh (1) darisn. 

104. 1—4: 

Ul apak ani guft ku ka gopet ku ta an e xvastak vicarom va\s dahom (2) ayap 
xvastak druvist darom ut pas malak ast-e(v) vicaret xvastak xvastak-(3)mariha ha£ 
grapih hist bavet ut aparik ne hist bavet ut vaxS xvastak- (4) mariha apa£ ut aparik 
apac ne estel. 



232 



TRANSLATION 



103, 7—8: 

And together with another (thing) it is said, (that) if he declares; "the guardians 
of a youth have ransomed ('bought') the youth from the enemy with (his) own 
means", then it is thereby said that they ransomed (him) with the youth's (own) 
means. 

103, 9—10: 

Besides other (things) it is declared and written down concerning the decree of 
the rats relating to the treasury of the Fambay Fire-(temple), that the Farnbay Fire- 
temple ransomed the slaves of the Farnbay Fire-temple (the hieroduhi are evidently 
intended here — A. P.) from the enemy with money ("at a price") (taken from) its 
own means. 

103 f 10—12: 

And together with another (thing) (it is said), that when he declares: "I have em- 
powered my wife as regards her accumulation (= the estate personally acquired or ac- 
cumulated — A. P.) and income", then (this is thereby) said concerning the acquisi- 
tions ("accumulation") and the income of the wife. 

103, 12—13: 

And besides other (things) it is said, that when he declares: "let the harvest of 
the date-palm which belongs to me be (yours)", then the indication concerning his 
ownership (of the thing) refers to the date-palm (lit: "is said about the date-palm"). 

103, 13—15: 

(And) another (thing) is said. If he declares: "we will possess this thing jointly as 
long as we live", (then) when one (of them) dies, the other must likewise not possess 
(the thing). 

103, 15—104, 1: 

Together with another (thing) it is said, that if he declares: "we will possess this 
thing as long as we live", or if (he) speaks in this manner: "we will possess this thing 
together as long as we live", then, when one of them dies, the other shall possess 
(merely) one [half] (of the thing). 

104, 1—4: 

Together with this another (thing) is said, that if he declares: ''until such a time 
as I settle the debt I shall pay interest", or: "I shall preserve the thing intact (in other 
words the debtor is stipulating a hypothec-security — A. P.)'\ and he subsequently 
pays back part of the amount; then the (pledged — A. P.) thing is freed from the 
pledge (= is redeemed) in proportion with (the repaid portion) of the debt, whereas 
the remaining portion (of the hypothecated thing) is not freed. And the interest is re- 
tained in accordance with the amount of the debt (/. e. of the remaining portion of the 
debt — A. P.), but from the other part (= from the settled portion of the debt), it is not 
retained. 



233 



MUD: TEXT 



104,4—5: 

Ul ani guft ku gra^akandar (kc) grn[iakan (5) (grnji) karlnn pnlixsayihn nc bavcl 
(ul) 6y ke grapakan andar nihat matak-ic ap(pjar bavet. 

104,6—8: 

Apak an! gufi ku lea 6 mart-c(v) kc gospand nest drahm dahel ku-m gospand (7) 
pat vahak dah drahm ap(p)ar bavet ut apat nc rasct en harv 2 dntastan apak an I 
hacapar (8) nipiSt estet ku drahm ap(p)ar nc bavcl cc-s pat an vinas-c(v) nc kart ni- 
keritan. 

104, 9 — 11: 

Ut ani guft ku ka gopet ku zarren I man xvbl zan ut as! men T man xves" (10) duxt 
I man xves hep bavet ka-c naxvist dat I 6 duxt ut pas dat I (1 1) 6 zan gopet duxt I-S 
zan aslmen ne be zarren xves. 

104, 12—14: 

Apak ani guft ku ka go (let ku zarren I man xves zan I man ut aslmen I man (13) 
xves duxt I man bavet xves hep bavet hakai duxt zayet ut a-5 zan bavet (14). pes-ic ta 
6 zanlh I kas raset aslmen ut pas zarren-ic xves. 

104, 15—17: 

Ut apak ani guft ku ka gopet ku-t yumay zan f man hast ut zan I man (16) bavet 
pal hambay darom zan I-s andar an e zan but ut pas ha£ zanlh (17) hist ut apa£ 5 
zanlh mat pal hast ut pat-ic bavet harv 1 6 bahr mar(Iha). ..* 

105,1**: 

(...) kurusn ayap ne. 

105, 1—3: 

Ut apak-ic ani guft ku ka gopet ku xvastak I (2) 6 man mat (ut) an I pit I man 
xves but duxt I man xves ut an I ka pit <i) pat baxt (3) sut mat xves but 6 duxt dat 
bavet. 

105, 3—5: 

En dar I 6 an dari (4) nipiM ku ka xvastak I 2000 6 3 man rast gopet o^on bavet 
patmut (5) apayet. 



* The text of this article breaks off at this point. 
** This is the end of an article whose becinnins: has not survived. 



234 



TR4NSL4.TION 



104, -I — 5: 

And another (thing) is said, that the holder of the pledge (= the creditor) is not 
entitled to pawn (to someone else — A. P.) the pledge that he holds, and the one (the 
creditor) who has re-pledged the security (to another), likewise loses the sum of 
money (which he loaned to the principal owner of the pledge). 

104, 6—8: 

Besides another (thing) it is said, that if he conveys a sum of money to a man 
who has no sheep (and says): "give me a sheep for this money ('at this price')!", he 
loses the money and does not receive it back. Both of these decisions should be inves- 
tigated together with what has been written above (specifically), so that he should not 
be deprived of the money, since he has not committed any offence regarding it 

104,9—11: 

(Together with that) another (thing) is also said, that if he declares: "let the gold 
('golden' things) belonging to me (belong) to my wife, and the silver ('silver'- things) 
to my daughter", then even if he makes first the declaration of transfer to the daughter 
and subsequently (the declaration) of transfer to the wife, and the daughter is his wife, 
(in such a case) the gold ("golden" things) shall belong to her and not the silver. 

104, 12—14: 

Besides the other (thing) it is said, that if he declares: "let the gold ('golden' 
things) belonging to me belong to my wife, and the silver ('silver' things) belonging 
to me, to the daughter whom I shall have", (then) if a daughter is born to him and 
subsequently becomes his wife; then, until she marries — the silver — and subse- 
quently (= after she marries her father — A. P.) — the gold ("golden things") shall 
belong to her. 

104. 15—17: 

Together with that it is said, that if he declares (the following): "I take as co- 
partners yourself together with the wife I (now) have and with the wife I shall 
(subsequently) have", then the woman — who was then his wife, and whom he sub- 
sequently divorced, and who afterwards became once more his wife — (is considered 
to be) both "the one I have" and "(the one) I shall have", (and) both (times) in accor- 
dance with the shares (...) *. 



105, 1 



**, 



105, 1—3: 

And together with this another (thing) is said, that if he declares (thus): "(let) the 
property that came to me (and) the one which belonged to my father belong to my 
daughter", then the thing which belonged to the mother after the father's death shall 
also pass to the daughter. 

105,3—5: 

There also is an addition /supplement to what was written (above): if he declares 
(the transfer) of a thing (valued) at 2000 (drahms) equally to three persons, it is ne- 
cessary to measure (it) (so that) it should be so. 



23D 



Ml ID: TEXT 



105, 5—10: 

Ut apak am guft ku marl dastkart 2 harv cvak pal yul sturih (6) dastan payliik 
kart ul an dastkart cvak I pal namcisl frazand I naxvist pusak (7) bavct Ciyon 6 
purnaylh raset cvak frazand i naxvist hac duxt zayct (8) dastan ra5 framan bavct ut 
pas hat an duxlak 6 zaiuh (I) pusak raset (9) pat an zanlh naxvist duxt-c(v) pas pus- 
c(v) zayet ut duxlak ut pusak anl frazand ne (10) bavct framan i pas kar ul an I pes 
karnest. 

105, 10—12: 

Ut an! guft ku ka pat zamlk (11) !-s 6 Farraxv ut ap 1-5 6 Mihren pat (h)andarz 
dat asyap kart asyap pat (12) (h)andarz be ne raset. 

105, 12—14: 

Apak anl guft ku ka pat (h)andarz kart ku dastlk I (13) man xves Farraxv' xveS 
apam I-s andar an e pat kasan dat bavet (ut) an I pas (14) pat apam be dahet pat 
(h)andaiz be ne raset. 

105, 14—16: 

"Ut aru guft ku ka gopet (15) ku xvastak 6 man raset to xves" bar I bun I ha£ 
xvastak 1-5 nun xves" bavet (16) pat pas mat darisn be savet. 

105, 16—106, 1: 

Apak anl guft ku anSahrik ka be (17) froset ut zan ka be hilet u-s res pat-is but 
estet Snavih? [I] (1) pas ravet xvatay ut soy I pes xves. 

106, 1 — *: 

Ut apak anl guft ku xvastak I (2) pes hac an e ka xvatay bandak xrit anl kas 6 
bandak da: ut xvatay patigirisn (3) apar ne paytakenlt estat hakar xvatay I pes 
patigfrisn paytakenet xvatay I (4) pes ut hakar yuttar bandak xves. 

106 r ^ — 5: 

Ut anl guft ku ka go^et ku-t pas hac 10 (5) sal pat hambav darom pat an xvastak 
hambay kart bavet I-s nun xveS. 



236 



TRANSLATION 



105, 5—10: 

And together with, this it is said; a man made a declaration concerning the 
transfer of each of two dastkarts to a separate .rturship. And there is a disposition that: 
one of these dastkarts, which is fully specified, shall go to the first child born to his 
son when (that) child comes of age, and the other {dastkart) to the first child born to 
his daughter — as (j/ur)-possessions. And subsequentiy this daughter marries the son 
(= her brother — .4. P.), and first a daughter and then a son are born of this marriage, 
and there are no odier children of the daughter and son (of the testator). The second 
("subsequent") disposition is valid, but the first ("former") is not. 

105, 10—12: 

And another (thing) is said, that if he has built a mill on the land that he con- 
veyed by testament to Farraxv and on the water willed to Mihren, then the mill does 
not pass on the strength of this testament (either to Farraxv or to Mihren (/. e. the 
transfer of the land and water does not cany with it the transfer of the mill — A. P.). 

105, 12—14: 

After that it is said, that if the following is declared in a testament "let those of 
my properties which are actually at my disposal belong to Farraxv"; then a loan he 
had made at that time to people, (and) that which he will subsequently convey as a 
loan, shall not pass (to Farraxv) according to (this) testament. 

105, 1*1 — 16: 

And it is also said, that if he declares: "let the property that I shall receive 
(= bona adventicia — A. P.) belong to you", then the income from the estate 
("principal") belonging to him now (/. e. at the time of the declaration — A. P.) shall 
pass into (the category of) bona adventicia (lit: "to the subsequent possession"). 

105, 16—106, 1: 

Besides another (thing) it is said, that if he suffers a loss in connexion with the 
sale of a slave or the divorce of his wife, then the satisfaction (? compensation?) 
[which] shall fallow belongs to the former master (of the slave) and to the former 
husband. 

106, 1 — V. 

It is also said, that if a master does not declare (his) acceptance of a thing con- 
veyed (presented) to a slave by a third party before the (present — ■ A. P.) master 
bought (that) slave, then, should the former master (of that slave) make a declaration 
of acceptance (of the thing), it shall belong to the former master; in the opposite case 
(it shall belong) to the slave. 

106, A — 5: 

And another (thing) is said, that if he declares: "you shall be my partner in 
ten years", the /latter (thereby) becomes (his) partner as regards the property he 
owns now. 



237 



MUD: TEXT 



106, 6— 7: 

Ut anl guft ku ka gofict ku vitart man xvasiak t man xves to xvc5 (7) aoak-i§ an 
dat bavet I-s nun xves. 

106, 7—9: 

Ut apak anl guft ku ka go pel (8) ku-m pas hac 10 sal tan pat zanlh 6 Mihren dat 
pa5(a)datakan m vaspuhrakan I (9) andar an e ka gopisn goflet pas ha£ 10 sal soy 
xves. 

106, 9—11: 

Ut anl guft ku (10) bandak ka pat azatlh patkaret ut boiisn I varomand apak 
xvap ut vikay I pat (11) pa5 ne Sayet. 

106, 11—12: 

Apak anl guft ku yatakgopl gumaxt ka pat muhr I xves (12) ne sayet. 

106, 12—13: 

Ut anl ku ka pat ap I xves apar zamik I kasan asyap kunet (13) ut j fc™ nisanet 
ap ap(p)ar ne bavet. 

106, 13—17: 

Apak anl guft ku kapat hamdatastanlh [I] (14) by ke kahas xves pat ap \ hat an 
kahas asyap kunet ut dar ut draxt nisanet (15) ayap-is pat apvarih(?) apar be manei an 
ke kahas xves an ap an \ pat asyap (16) andar apayet apac kaxt ne ut an I pat dar ut 
draxt ut apvaxih(?) andar apayet apie kart (17) patixsay. 

106,17—107,2: 

Ut apak an! cast estet ku ka rah 1(1) kasan pat ap I xves kunet a5ak-is ap ap(p)ar 
ne bavet ut ka rah I (2) (kasan) xveS pat ap I kasan kunet a5ak-is rah ap(p)ar bavet. 

107. 3 — 4: 

Ut anl guft ku(-m) (ka) pus (hac) xvastulJlv (Ms.: NQSV = xvastak) (I) katak- 
banuk ut sardar pat apamdan viclr aAist (4) ka-c stanend ut pat (h)er I dutak uzenak 
kartan ra5 naklra(k) a5ak-i£ be tbzisn. 



23S 



TRANSLATION 



you 
which 



106, 6—7: 

It is also said, that if he declares: "the property belonging to me shall belong to 

liter mv death" then thp nrnrvrtv ft-Jin<rfpn-f*d thfirehv tn (the-. nthf*r ne.rsnn^ is thnt 



It is also said, that if he declares: "the property belonging to me shall belong to 
x after my death", then the property transferred thereby to (the other person) is that 
ich now (at the moment of the declaration) belongs to him (= the declarer). 

106, 7—9: 

In addition to the other it is said, that if she declares: "in ten years I shall enter 
into a marriage (= of a type sine manu — A. P.) with Mihren (lit.: 'I shall give myself 
as a wife to Mihren')"; then after the passage of ten years the paraphernalia and 
down* (= her "daughter's share" of her father's estate brought to her husband's house 
as her dowry — A. P.), which (the woman) had at the time of the declaration, shall 
belong to (her) husband (from a patixsdylh, L e. cum manu marriage — A. P.) after 
the passage of ten years. 

106, 9—11: 

It is also said, that if a slave argues for his freedom in court, and if the solution 
(of the given case) requires an ordeal procedure, then (the assignment of an ordeal for 
this slave) is lawful, (but if the slave appears) as a witness (testifying) after (a free 
person?), then it is not permissible (to assign an ordeal procedure to him — A. P.). 

106, 11—12: 

Besides another (thing) it is said, that the appointment as legal representative (or 
"the mandate of a legal representative" — A. P.) is not valid if (it is authenticated) by 
his own seal. 

106, 12—13: 

And also another: if he has built a mill and established a dam (?) on water be- 
longing to him and land belonging to other people, (the possession)? of the water 
shall not be taken (= witheld) from him. 

106, 13—17: 

It is also said, that if he builds a mill on the water of a canal with the consent of 
the person owning the canal, and he also plants trees, or (if) he detains (water} for an 
aqueduct (?); the person who owns the canal is not entitled to witJhhold ("retain, take 
away 11 ) the water indispensable for the mill, but he is entitled to withhold (the water) 
needed for the trees and the aqueduct (?). 

106, 17—107, 2: 

Besides another (thing) it is said, that if he lays a people's road (= a public 
road — A, P.) over his own watercourse, then he does not lose (possession of) the 
water. But if he lays his own road over other people's watercourse (/. e. a public canal 
or stream — A. P.), then he loses (possession of) the road. 

107, 3—t: 

It is also said, that (if) a son makes ("seals") a loan-contract with the- consent of 
the mistress of the house and the guardian, then, once the money has been borrowed, 
(the debt) must be repaid — even if they (the guardian and the mistress of the 
house — A. P.) protest against the expenditure from the family estate required to set- 
tic the debt. 



239 



mhu: ILA1 



107, 5 — 7: 

Apak an! guft ku xvaslak j hat xviistukih (I) pit pal vinaskarih J apurnaya 
bcron be apisparcnd ayap be apispartan rao vicir kunend apurnayak (7) pumi 
naklrafk) ba^et a5ak-ic vicir kuniSn ut be apisparisn. 

307, 7 — 9: 

Apak ani guft (8) ku xvastuklh I dutak sardar (ut) katak-banuk kart and, 
katak-banuk ut sardar I hat an (9) fra£ bavend pat evarih kar hac-i5 kunisn. 

107, 9—12: 

Ut ani guft ku ka pcScmar (10) pasemar hamemax ku-m arLsahrik heh ut pase 
ani mart pat namfrst (11) ra6 gopet ku-5 anSahrik hom u-S vikay apak pat ani ( 
apak pasemar (12) datastan ne raSeniSn. 

107, 12—14: 

Apak ani guft ku ka pe5emar pasemar harnemar (13) ku xvastak man > 
apatixsayiha pasemar daret pasemar go pet (14) baxSkarih I ani mart darom u-5 \i 
apak (6) peSemar ne dahisn, 

' 107, 15—17*: 

circa 35 letters 
Ut ani guft ku ka Farraxv [ ] (16) xveS hamaSven Mihren x 

hepbavet [ ] (17) tozisn I andar an e Farraxv oMihrsn [ 

circa 30 letters 

108, 1—5**: 

108, 6— S: 

... (6) Anayran roc dat u-m darisn be kart ut zanih ra5 apai 6 man mat a5ak 
(7) pat darisn be kart evarih apayet (ut) pat apa£ matan a5ak-is vikay~ic-e(v) ne | 
apayet te etbn bavet iiyon raxt ut bizisk (= 'SY 7 ). 

108,8—11: 

Ut ani guft ku ka zan (9) ansahrik ra5 Farraxv apak Mihren patman kart ku fr 
ha£ man to [xveiL.] (10) Perez I Veh-Ohnruzdan ut Pusanveh I Burzatur Fambayi 
[ ] (11) [ ] frazand I zlvandakan Fan-axv zayet ne dat bavet. 

108, 12— 17***. 

109,1—3****. 



* So little of this article has survived that no coherent translation is possible. 
** In lines 1 — 4, only the first word has survived. Noi a sincle character has survive 
in line 5. 

*** Only disjointed words have survived in lines 12 — 17. 
***"" The top of the puge up to line 4 is filled with scribal exercises: the eight-fold rept 
tition of the words, nun avi-s daii?r. "... now conveys to him...". 



240 



TRANSLATION 



107, 5—7: 

Together with, this it is said, that if a thing is given away (alienated) to the det- 
riment (of the interests) of a minor with (his) father's consent, or a transfer-agreement 
is concluded, but the minor protests (against the transfer) when he comes of age, then 
even in this case, the agreement must be concluded and (the thing) handed over. 

107, 7—9: 

It is also said, that the agreement (with this or that legal action or with a court 
decision) expressed by the guardian of a family and the mistress of the house is also to 
be considered valid and binding as regards the mistress of the house and the guardian 
that (this family) shall subsequently have. 

107, 9—12: 

It is also said, that if a plaintiff litigates with a respondent (declaring): "you are 
my slave", whereas the respondent says of another particular person: "I am his slave", 
and he (= the slave-respondent) has a witness with him, then no suit about (any) other 
thing should be brought against (the given) respondent. 

107, 12—14: 

Furthermore it is said, that if a plaintiff litigates with a respondent (declaring the 
following): "the respondent unlawfully possesses a thing belonging to me". (But) the 
respondent declares "I possess it as a gift (received) from another man", and he has 
witnesses ("a witness") to this; (then) (this thing) should not be conveyed to the 
plaintiff. 

107, 15—17*: 

108, 1—5**: 

108, 6— S: 

"... conveyed on the day Anayran, and I transferred the possession (of this thing) 
(to another person), and (subsequently) it (- the right of possession over the thing) 
returned to me through marriage", then it is necessary to verify the transfer of the 
possession and the return of (the thing) to him, and no witness is required, since this 
(case) is analogous to the one of the patient and the physician(?). 

108,8—11: 

It is also said, that if Farraxv concluded (the following) agreement concerning a 
slave-woman with Mihren: "[she shall belong (?)] to you after my death", Peroi I 

Veh-Ohrmizdan and Pusanveh I Burzatur Farnbayan [ ] (if) a child is 

born (to the slave-woman) in Farraxv's lifetime, then he should not be conveyed (to 
Mihren). 

108, 12—17***. 

109, 1—3****. 



241 



hfllD: TEXT 



109. 4—6: 



... (4) bavct kii an drahm apac dat nc saycl aoak-iS slur gumariSn ut ka (5) fin kc 
xrlt + mircl ta apac dat I an drahm a5ak-i5 an zan slur ut frazand (6) I zan andar an c 
zayct 6y (I) xrit frazand bavct. 



109, 6—8: 

Apak anl guft (7; ku ka mart \-vastak 80 (ayap) apam 80 a6ak-is stur gumarisn 
cc saycl (8) but ku xvastak 6 dutak raset ayap apam pai dutak be hilcnd. 

109, 9—11: 

Ut apak am guft ku ka gofiet ku-m xvastak 6 Farraxv dat ut Farraxv (10) ne mat 
estet ta Farraxv raset andar ne apayet goflet stuiih I by (11) ke pat an aSvertak guft 
patlran ne gumarisn. 

109, 11—13: 

Ut apak anl guft ka ka (12) gojiet ku-m pas hat 10 sal en xvastak pat srurih 6 to 
dat andar 10 sal (13) stur 1 6y ke be dat pat-is gumarisn. 

109, 13—15: 

Ut anl guft ku (ka gofiet ku) pat an ro£ (14) ka Mihren pat baxt savet hamakden 
yazom enya 1000 be dahom ka (15) pat an roc ke nam an roc yazet a5ak-ic 1000 6 
tozisn ne raset. 

109, 16—110. 1: 

Apak anl guft ku ka go pet ku hakar pat en vemanh mirom a5ak-im (17) en 
xvastak 6 to dat ka-s an vemarih druvist bavet ka pat ham an (1) vemanh mlret aSak- 
i£ (h)andarz vast bavet. 

110, 1—2: 

Ut ani guft ku duxi andar dutak I (2) katak-xvatay<an) zai ( ) ne bavet £e pat 

katak-xvatavlh ne savet. 



242 



TRANSLATION 



109, 4 — 6: 

... it is not possible to return that money, then a stur must be appointed for him. 
And if the buyer dies before the return of that money, then this woman must become 
his stur, and the child bom to the woman at that time shall be the child of the buyer. 

109, 6—8: 

After the other it is said that if a man (conveyed through transfer — A. P.) a 
thing (valued at) 80 (drahms/ setters'?) (or) lent SO (drahms/satersl), then a stur must 
be appointed for him, since it is possible that the thing (which he relinquished 
through the transfer — A. P.) will pass to (his) family (= will return to the family), or 
the debt will be repaid to the family [66]. 

109,9—11: 

Besides the other it is said that if he declares (the following): "I have conveyed a 
thing to Farraxv", but Farraxv is not present; then, until Farraxv appears O'arrives") 
and "declares: 'not needed'" (;'. e. refuses to acquire it through transfer — A. P.), the 
sturship of the one who made the declaration in this fashion (= the sturship of the 
conveyer — .4. P.) is held up, (a stur) should not be appointed. 

109, 11—13: 

It is also said, that if he declares (the following): "upon the passage of ten years 
this thing is conveyed to you for jfurship (= as a j/wr-possession)", then in the case of 
the declarer's death — A. P.) during the ten years (/. e. before the expiration of the 
time-limit indicated in the declaration for the entry into effect of the transfer — 
A. P.), he should be appointed as the stur of the man who conveyed (the thing) to 
him. 

109, 13—15: 

It is also said, that (if he declares): "I shall perform a liturgy in accordance with 
the full ritual on the day of Mihren's death, in the opposite case I shall pay 1000 
(drahms)", then even if he performs (this) liturgy (not on that day, but) on ( a ho- 
monymous day (of the death of Mihren), in that case too, (he) will not be obliged to 
pay 1000 (drahms). 

109, 16 — 110, 1: 

Besides that it is said, that if he declares (the following): "if I die from this (the 
present) sickness, this thing is conveyed by me to you", if he recovers from this sick- 
ness — even if he dies from the same sickness — the testamentary disposition 
(regarding the transfer) shall be overruled ("reversed"). 

110, 1—2: 

It is also said, that a daughter born into the family of a head of household (= a 
daughter born to the epikleros-daughler or to the stur of the late head of household — 
A. P.) shall not become his (heir, successor?), since she is not fit for the position of 
head of household. 



213 



MUD: TEXT 



110,2—3: 

Apak (3) anl guTt (ku) duxl pat alaxs sardarlh nc Sayci ul duxldat oh gumfiriSn. 

110,4: 

Ut anl guft ku alaxs veh kartan I aturgah ra5 vidastan palixsay. 

110,5—11: 

Apak ani guft ku apar GT'k I Fanaxvyan I Zartustan (but) (I) Sahr datafiaran (6) 
datapar but do-vartan avast estet oyon nipist. ku-m 6 xveS kartan I (7) kar ut kirpak I 
hac has niSast I an ataxs ra5 an ataxl pat Varahranlh 6 (8) datgah nisast haC an 
£iy6n-(am) ta kartan (I) katak + ut man I an ataxS andar da£t (9) daStan gyake an dip 
ostapaitai sahist oyon (i) (ku) ka an katak ut man kart (10) bavel 6 an katak ut man 
nayihet andar an xanak ut man clarinet andar an dip (1 1) £iyon apayet darom. 

110, 11—13: 

Ul anl guft ku ka goplet ku xvastak I Atur(12)farnbay arz 100 ariet ut freli ne 
arzistan ra5 nipeset ut avanet to xves (13) be ka namak pat nipek i Aturfarnbay enya 
re sayet. 

110, 13—15: 

Apak anl pat apa£ (14) dat I magupatan 6 datapar rupesend ku ce aSvenak en £iS 
hat o (15) man hep nipeset. 

110, 15—17: 

Ut aiu guft ku pus I patigriftak I apurnay sardarin pat (16) pit I patixsayiha ut ka 
andar apumayih frai ravet xvastak I-s pit I (17) patixsayiha dat apa£ 6 pit I 
patixsayiha raset. . 



244 



TRANSLATION 



110,2—3: 

Together with that it is said, (that) a daughter may not become the trustee of a 
Fire-(temple/ altar), but the successor bom by an ep/Weroj-daughter shall be ap- 
pointed (trustee). 

110,4: 

It is also said that a Fire may be shifted (to another place) for the improvement of 
the fire-bed. 

110.5—11: 

Besides the other it is said, that the following is written in the testament of Far- 
raxvyan I Zarrustan who was the chief judge ("the judge of judges") of the sahr 
(= empire) — (it) was twice sealed with a seal: "In fulfilment of religious duty and 
piety, (and) for the sake of this formerly instituted Fire, I have placed this Fire in a 
special place in (the temple of) the Varahran-Fire, so that it should be kept (there) 
until the building ('house and dwelling') in which this Fire was kept is ready 
('made')". And in one place this document expresses the following in the most spe- 
cific (or "most positive") manner: "I have properly indicated ('I duly have') in this 
document that when that building shall be ready, the Fire shall be transported into 
that building and shall be kept in that building". 

110, 11—13: 

It is also said, that if he declares the following (in a written disposition): "(Let) 
the thing, about which Aturfarnbay writes and seals that it is worth 100 {drahms) and 
is worth no more, belong to you", then (it) is not valid ("permissible"), unless 
Aturfarabay's document is affixed to the letter containing (the given disposition). 

110, 13—15: 

It is also said, (that) in connexion with the magupats' return (to a judicial insti- 
tution of the affairs which were forwarded for their examination — - A. P.), (the inter- 
ested parties) write to the judges ('judge'): "(please)! write to me how this* affair 
(stands /was resolved)". 

110,15—17: 

It is also said, that the guardian of a minor adopted son is his own (= natural) 
father, (and not the adoptive one). And if the minor dies without coming of age, the 
thing conveyed to him by his own father shall return to his own father. 



14^ 



[Anklesoria Ms.] 
[XLVH] 
Al, 1*: 

Al, 1—2: 

... (1) hend ku-t f[ra5ka]rtlk pat ahravdat da[t] bav[et ...] duxt ka-s soy (2) kart 
Ian pat zanHi yut~ (Ms.: xvat) ha£ vindiSn be [ ] pit xves. 

Al, 2—6: 

Ka mart 1 (3) apak zan 2 I patixSayiha I xves patman kart ku-m to ut to liam- 
vindiSn kart het (4) zan yut yut apak Soy hamvindisn ut zanan evak hac dit yut ^n- 
diSnomand (5) ut an hamvindiSnih zan vartenltan ne ut soy patixsay ut ka vartenet 
vindiSn datastan ofon (6) £iyonp[ ] but. 

Al r 6 — 12: 

Ka zan (ut/apak) soy I pitixsayiha I xveS yur-"\indisn (7) an! mart-e(v) [ ] 

ke an vindiSn xves an zan pat vindiSn patixSay kunet (8) a5ak an [zan an vindiSn 6] 
Soy ne b[arisn] ut Dat-Farraxv I Farraxv-Zurvan (9) gufi ku hakar-is tan pat [zaxuh be 
d]at yut hac vindiSn be dit ka-5 pas (10) apa£ avi-s raset andar 6 Soy ne baxiSn be 
hakar ka-s tan pat zanlh be dat (11) vindisn 6 ant kas dat estat u-s andar zarah <i) 
apat s\i~\ raset (vindisn) andar 6(12) soy barisn. 

Al. 12—15: 

Ka ma[rt 2 hamvindi]sn bavcnd hame(v) ka evak kamet yul-vindisn (13) bavend. 



* The beginning of the chapter has not survived. The heading is reconstructed from Uu 
content of the chapter. 



sm a 



[Anklesaria Ms. ] 

[XLvn] 

Al, 1: 

(Chapter concerning revenue) *. 

Al, 1—2: 

..: "is conveyed to you forever for pious purposes", [...] if the daughter marries 
[she is given] into a (temporary or sine manu type A. P.) marriage without (her own 
personal) income, [and (the daughter's) income] shall belong to (her) father. 

Al, 2 — 6: 

If a man makes (the following) agreement with, his two wives from patixsayih- 
marriages: ll I have made you and you co-possessors of (my) income", then each of 
(these) women separately is co-possessor of the income with (her) husband, and each 
of the wives is endowed with an income separately from the other, and a wife is not 
(entitled) to alter ("overturn") this joint possession of the income, but the husband is 
(so entitled). And if (the husband) revokes /alters this agreement, the question of the 
income is resolved in the same way as in the case with [...]. 

Al, 6—12: 

[f a wife (and) her husband from a patixsaylh-marria.gz have a divided income, 

(and if) another man [ ], to whom the income belongs, empowers the woman as 

regards (this) income; then this [woman] must not [bring this income] to (her) hus- 
band. And Dat-Farraxv I Farraxv-Zurvan has said, that if, having been given [in 
marriage (= term-marriage — A. P.)], she was given (by her husband) without an in- 
come; then when she subsequently returns to him, she is not obliged to bring to her 
husband the income (acquired during the term-marriage). But if an income was (also) 
conveyed to the other person when he (= the husband) gave her in (a term) marriage, 
and she returns to her ^aZ/xfoy-husband, then she must bring (the income) to (her) 
husband. 

Al, 12—13: 

If two [men] arc [co-possessors of an income], then they shall become separate 
possessors of the income as soon as one of them so desires. 



247 



MUD: TEXT 



Al, 13—2, I: 

Ka Farraxv vindiSn [6 Mihjrcn dahcl vitart Mihrcn ka Mihrcn znn ut fraznnd 
(14) ul xvastak-c(v) nest xvastak 60" (?) 6 Mihrcn (Ms.: Farraxv) dahend hat an 
tr/on ka zan ut frazand ut xvastak (15) nest ayap pat vindiSn xvastakdar but nc Sayct 
pes hat an e ka xvastak (16) rasct vindiSn pal hastaklh apa£ 6 Farraxv rasct. Ka-t 
Mihrcn xvastak ut ciS (17) anJ 6 kas toziSn ut dahiSn but he a5ak-i£ pal apam vindisn 
be apispartan (1) nc (pat Soy sahet) (patixSay). 

A2, 1—2: 

Ka bandak I pat 2 mart xves evak pat vindiSn patixSay (2) kunct vindiSn i-5 pat -is 
pa[tixSay kart] nem apa£ 6 xvatay I ditikar bariSn. 

A2, 3: 

Ka gofiet ku xvastak I man handozom to xveS aparmand ne dat bavet. 

A2,4 — 5: 

Ka goflel ku-m handoziSn vindiSn 6 to dat apak an I gufi ku ka gofiet ku (5) bar I 
en muy to xveS nikeritan. 

A2,5~6: 

Ka gofiet ku-m handoziSn (6) to dat an I ta an (6) roc handoxt ne dat bavet . 

A2, 6—7; 

VindiSn kar I storan andar ne ut an I -sindiSn [I anJSahnk (7) ahravdat fiyon 
bavet harv mizd ut bar ut sut ut vahak xrit-ic' andar [ahravdat]. 

A2 f 7— 11: 

Ka gojiet (S) ku-m ta 10 sal tan pal zanih [6 Mihjren dat [andar 10 sal ka zan 
miret] paSadatakan/pasadatakan ut (9) vaspuhrakan pat Mihren be manet. Ka ne 
[apa£ 6 bun] aparet. Ut ^ndiSn I (10) andar 10 sal Mihren xves. But ke guft ku an 
I pat zanih andar Savet paSadatakan/pasadatakan (11) ut vaspuhrakan ne andar 
vindiSn. 



248 



TRANSLATION 



Al, 13—2, 1: 

If Farraxv conveys an income to [Mih]ren, then in the case where after Mihren's 
death, Mihren leaves ("has") no wife of children or estate, (but) a thing (valued at) 
60 + (drahm's/saterst) is relinquished [67] to Mihren [68] — inasmuch as (Mihren) 
has no wife nor children, or (if there is someone but) incapable of being the heir of 
(his) income — then until the time when the thing well be received [69], the income 
(conveyed to Miliren by Farraxv — A. P.) shall be acquired by Farraxv (lit: "shall 
return to the acquisition of Farraxv"). And even if Mihren were obliged to pay or 
convey money or any thing to someone, it is not right to transfer (this) income to 
cover (Mihren's) debt. 

A2, 1—2: 

If a slave belonging to two persons is endowed by one of them with an income 
("is empowered as regards an income"), then the slave must give ("bear") to his sec- 
ond master one half of the income with which he (= the slave) is endowed. 

A2,3: 

If he declares (the following): "the possessions which I shall accumulate belongs 
to you", the inherited possessions are not included in the transfer ("are not trans- 
ferred"). 

A2, 4—5: 

If he declares: "I have conveyed to you the income from (the possessions which I 
shall accumulate", then (this case) should be examined together with the one given 
(above; specifically) where he declares: "the fruit of this date-palm belong to you". 
[cf. supra 103, 12—13). 

A2, 5— 6: 

If he declares: "I have conveyed to you the possessions which. (I) shall accumu- 
late", the possessions accumulated up to that day are not conveyed (according to the 
given formula of the declaration of transfer). 

A2, 6— 7: 

There is no piety (?) in the income (derived) from cattle; but in the income 
(provided by) a slave — • if it (= the income) is conveyed for pious purposes — (then) 
piety (?) (is included) in (the transfer of) any (form of this income): in the salary 
(received from the renting out of a slave and handed over for pious purposes — 
A. P.), in income and profit, or likewise, in the value (= "the sale price") (obtained 
from the sale of the slave and handed over for pious purposes — A. P.). 

A2, 7— 11: 

If she declares (the following): "I have handed myself over for ten years to 
[Mih]ren as a wife", then [if (this) woman dies during the ten year term], (her) dowry 
and paraphernalia shall remain with Mihren. But if she does not (die), [she] will 
bring (them) back [to the house of her husband/ father]. And the income provided (by 
the wife's possessions) shall belong to Mihren during the ten years. Certain 
(authorities) have (however) said, that the paraphernalia and the dowry of the one 
who entered into (a temporary) marriage arc not included in the income. 



249 



MUD: TEXT 



A2, 11 — 14: 

Ka go(ict ku-m vindisn i en ansahrik tfi 3 s:\\ b (12) to dfil an I andar 3 sal pal 
vindiSn andar dahel la [3 sal] dat bavct ka go[!>cl (13) ku-m vindisn I en ansahrik(Ih) i 
la 3 sal 6 to [da]t vindisn i andar 3 sal la (14) fraSknrt dat bavcl. 

A2, 14—15: 

Ul ka zan andar zanih kar vindisn (i) xvc£ (Ms.: BNP$H = xvat) xvat (Ms.: 
NPSH = xves) (15) be 6 soy dahct ut pas (soy) zan ha£ zanih hilcl kar vindisn be ne 
barisn. 

A2, 16—17: 

Ka marl vindisn I ansahrik be dahel ul pas ansahrik azat kunel vindisn I (17) 
ansahrik apac ne aparisn. 

A2, 17—3, l: 

Ka man vindisn I zan be dahet ul pas zan (1) hat zanih hilet vindiSn I zan apa£ 
afiarisn. 

A3, 1—6: 

Ka mart 2 akanen (2) harmindisn hend ul 6 aveSan mart 6 mart 1 xvastak 
dahend ul g6p"el ku-m andai ne (3) apavet (ul) but ke (guft) ku bahr-ic I oy I dit be ne 
raset. Ul gyake oyon nipist ku (4) bahr I 6y I dil be raset u-m oyon sahet ku harv 2 
patiglriSn oh paytakenisn. (5) Ul ka evak andar ne apayist goflet 6y T dit patigiriSn oh 
paytakenisn u-s (6) nem 1 be rasel. 

A3, 6—13: 

Pal caslak guft estet (ku) ansahrik I nem Farraxv ul aparik Mihren (7) xves ka[-s 
Fa]rraxv pal vindisn paiixsay kunet u-s kas xvastak dat + raS" (S) kart est[ei ut namak] 
andar 6 Farraxv (ut) Mihren baret nem hac Farraxv apa£ 6 ansahrik (9) raset ayap 
namak (i) pat [ansahr]Ik be estet ut andar 6 Farraxv ne barei ut hakai pal (10) 
ansahrik be estet ut andar 6 Farraxv ne baret nem ansahrik nem Mihren xves (111 ut 
hakar namak andar 6 Farraxv baret apa^ 6 ansahrik raset ul pas vindisn" i nb~k ha£ 
(12) an-ii namak be 6 Mihren raset. Ul but ke gufi ku ka-s pat vindisn paiixsay (13) 
kunet xvaslakpat ansahrik be estet ut andar 6 xvatay ne barisn. 



250 



TRANSLATION 



A2, 11—14: 

If he declares (thus): "I have conveyed to you for three years the revenue 
(brought) by this slave, (or "the income of this slave")*', then what is conveyed by him 
during three years as the income (from/of the slave) is conveyed with a term of three 
years. But if he declares (thus): "I have conveyed to you a three-year income from this 
slave (or 'income of this slave')", then the three-year income is conveyed forever. 

A2, 14—15: 

If a married woman herself transfers to her husband the income belonging to 
her, and (the husband) subsequently divorces this woman, then she does not take the 
income away (with her). 

A2, 16—17: 

If a man conveys the income of a slave (to another person), and subsequently 
manumits this slave, then the slave's income is not subject to return. 

A2, 17—3. 1: 

If a man conveys his wife's income (to another person) and subsequently dis- 
solves this marriage with his wife, then the wife's income is subject to return. 

A3, 1 — 6: 

If two men are co-possessors of an income and a thing is conveyed to one of 
them but he declares: " ; I do not need (it)", certain (authorities) have said that a share 
will not go to the other one, as well (in such a case). But it seems to me that both of 
them must make a declaration regarding the acceptance (of the thing). And if one 
declares that (he) does not need (it), then the other one must declare his acceptance 
(of the thing) and he will (then) receive one half (of it). 

.A3, 6—13: 



It is said in the "Commentary" to the Avesta that if Farraxv endows a slave of 
which one half belongs to Farraxv and the other (half) to Mihren with the right to an 
income ("gives him a title as regards income"), and (if) there is a disposition regard- 
ing ihe transfer of a thing to him (= the slave) by a certain person and [the title- 
document] is addressed to (both) Farraxv and Mihren; then one-half (of Farraxv's 
share) shall pass from Farraxv to the slave. Or there is (another case where) the entit- 
ling document ("letter") is drawn up for the slave and does not reach Farraxv. If it has 
been drawn up for the slave and does not reach Farraxv, then one-half shall belong to 
the slave and one-half to Mihren. And if the document is addressed to Farraxv, then 
(the income) shall go to the slave, and subsequently the new income shall go to 
Mihren on the basis of the same document. Whereas some have said, that if he (= the 
master) endows him (= the slave) with the right to an income, then the thing shall 
bciong lo the slave and (the right of possession) shall not extend to the master. 



251 



MUD: TEXT 



A3, 13-^, 4: 

Ul apak-i£ an i-5 (14) eton gufl pas-i£ gufl ku ka zan pal vindiSn palixSay kunct 
u-S (15) pas alarsakay goficl eton xvaptar darom ka xvasiak apac 6 Soy (16) rase I ut 
Vahxam gufl ku man-i£ hamgonak danom cc ka-S alarsakay apar (17) slancl harv 
nirmat T-S ha£ Soy apac 6 Soy raset ut nun alarsakay (ra8)? (!) gufl (cslct) ku' 1 (Ms.: 
MNW = ke) ne pal vindiSn ne patixSay ut ka-S pat vindiSn patixSaylha ncsl a5ak 
xvastak T (2) vary (? £ I) nun pat zan estel + Pusanvch-ic I A2atmartan eton gufl ku ka 
Soy (3) zan pal vindisn patixSay kart u-S pas alarsakaylha gufl an T-San vindiSn apac 
(4) 6 Soy apispartan. 

A4, 4—5: 

Rat-Ohrmizd gufl ku man 2 akanen xveS ut evak xvastfak] (5) vindet ut evak 
zan xvastak akanen ut zan 6y I veh xveS. 

A4, 5—10: 

Gyake nipiSt (6) ku ka mart-e(v) go^et ku-m en xvastak 6 zan I Mihren dat ul 
Mihren gof5et (7) ku pal an I 6y (i) mart dat kart xunsand horn (ayap) ka Mihren 
[andar apavjet gofiet (8) 6 Mihren raset. Ut ka gofiet ku-m pat xveSih 6 [zan 1] Mihxen 
dat (9) ut Mihren goPet ku pat an I 6y man pal xveSih be dat xunsand horn pal ;zam 
(1 0) be estet ut 6 S6y ne raset. 

A4, 10—11: 

Frazand ka-S gatar I matar paivartar (1 1) u-S vindiSn ne matar ce paivartar xveS 
<ut pit parvaxtai nam). 

XLVHI 

A4, 12: 

Dar I atarsakayih*. 

A4 3 13—14: 

Gyake nipiSt patvand 4 (? Ms.: ptw/nd) peSenlkan oyon nipiSt ku atarsakay an o 
kar Sut I (14) zan I patixSaylha ra5 gojiend enya an I cakaiiha ra5 goptend 6 kar ne 
Savet. 



A4 f 15—?. 2: 

(PursiSn) Dat-Farraxv I Arurzandan pat pursisn I Dat-Farraxv 6yon nipi&t ku 

(16) atarsakayih I frazandan oyon ciyon an ! zan ayap yuttar an I cakariha oyon £iyon 

(17) an I patixSaylha ayap yuttar ut ka-S xvastak andar purnayih dahet oyon bavet (1) 
ciyon ka pat apurnayih ayap yuttar ut atarsakayih ce an i zan m ce an i frazandaxi (2) 
pus ut duxt evkanak (ayap yuttar) an i anSahiikan ciyon bavet. 



* Tlie (abjad) ordinal-number of this chapter is 4S. 



252 



TR4NSL4TION 



A3. 13 — *, 4: 

And together with what he had said in this manner, he (= the commentator — 
A. P.) said a little farther: "if a husband endows (his) wife with the right to have her 
own income, and subsequently he declares her guilty of misconduct then I consider 
the best (decision to be the one according to which) the thing is returned to the hus- 
band". And Vahram has said: "I too think the same, because if she receives (a judicial 
document regarding her) misconduct, then any material benefit ('advantage') that she 
has (received) from her husband shall return to the husband". Now, however, it is 
said concerning a disobedient wife: that she cannot be left without income. And if she 
is not endowed with the right to an income, then the possessions that ..., now go to 
the wife. But Pusanveh I Azatmartan has spoken thus: "if a man endowed ("entitled') 
the wife with (to) an income, and subsequently declared her guilty of misconduct, 
then her income (should) be conveyed back to the husband". 

A4, 4 — 5: 

Rat-Ohrmizd has said: "two men hold a common estate, and one of them ac- 
quires/receives a thing and the other — a wife, the thing shall belong to them jointly 
and the woman to the (more) pious and dutiful of them". 

A4. 5—10: 

It is written in one place, that if a man declares: "I convey this thing to Mihren's 
wife", and Mihren declares: "I approve of what this man has conveyed", (or) if Mi- 
hren declares: "needed"; then (the thing) goes to Mihren. But if he declares (thus): "I 
conveyed into the personal possession of Mihren's [wife]", and Mihren declares: "I 
approve of what this man has conveyed into personal possession", then the thing shall 
belong to the -wife and shall not go. to the husband. 

A4, 10—11: 

If a child is reared by the husband (= from a marriage sine manu mariti; lit.: "the 
cohabiter") of (his) mother, then the income of the child shall not go to the mother, 
since (by right) it belongs to the rearer (of the child) (and to the father, named rearer). 

XLvm 

A4, 12: 

Chapter concerning misconduct (or "disobedience") *. 

A4, 13—14: 

It is written in one place, (that) ... (?) of the earlier (commentators) wrote (thus): 
"a wife who goes to the others [70] is called disobedient, however a cakar-vAfe is said 
to be of bad conduct if she does not go to the others" [71]. 

A4, 15—5, 2: 

Dat-Farraxv I Aturzandan answered ("wrote") thus to the question of Dat- 
Farraxv: "the disobedience /misconduct of children is (evaluated /examined) in the 
same way as the misconduct of a wife, and vice-versa; (the disobedience) of a cakar- 
wife like (that of) a patixsay-wife, and vice-versa. And when he conveys a thing to 
one who is of age, then this is the same as when he (conveys it) to a minor, and vice- 
versa. And the disobedience of both wife and children — a son or daughter equally — 
(is evaluated in the legal sense) like (the disobedience) of slaves". 



253 



htm J: TEXT 



A5, 2 — (>: 

Dal-Farra\"v 67611 goifl (3j csiiit ku ka zan gufl (ul) andar fraznndfin rfistih i fin 1 
gufl amar. An 1 cakariha (4) marl 1 pal namciSt rao framan bul nc hamak gchan rao 
ut purnayih ul apurnayih harv (5) 2 cvak (ul) pusaran pal rah (i) alarsakaylh I andar 
pitaran an cc pahlom axvan xvcS nc (6) bul ra5 gufl eslel. 

A5, 6— S: 

Alarsakaylh I zanan en bavet kar 1 fraron T-S (7) Soy franiayct nc karlan ul an 1 
nparon 1 nc karlan gdpet ul harv 2 pal 3 bar (8) bavet, 

A5, 8—15: 

An 1 [pus] ne puslh dravist &5nut an ka + (Ms,: MNW-ke) go pet ku ne pus I 16 
horn (9) ul puslh T to ne kunom [datastan] 67on ciyon zan palkar pat-iS ut pus ul duxi 
rast (10) ui anSahnk oyon ciyon zan be 6 vislar nc sut an I zan I patixsaylha ra5 (11) 
ciyon pal Mustapar-namak nipist estet ut an I zan I cakariha (r) mart-e(v) Burzoy nam 
(12) bul rao oh parmai nipist ku hat" an £iYon sayet danist ku Burzoy an viclr (13) ne 
sui ut nevaklh 1 duiak (raS) ke ziyanak pal-is stur be tarsakayihatar but 1(14) ziyanak 
andar zanih (I) merak andar zan (Ms.: merak) e(t) rao Ivast an man parmat ul anl kas 
pat (15) an \ilu dastafSarih an xvastak hat Burzoy apac ne kart. 

A5 ? 15—6,1: 

Ut zan 1 patixsaylha (16) ka-s pat hambayih patiglrend avap-iS soy xvastak pat 
xveslh avi-s dat (17) estet ka-s aiarsakay gopet xvastak I-s pat-i5 eslel apa£ 6 lay (1 ) 
raset ut zan en daiastan nc bavel ka" pa>llk kunet ku tarsakay but horn. 

A6 f 2—5: 

Ut ka-5 zan ut frazand-ic 1 hac an zan zat pat hambayih patigrift estet ut 
atarsa(3)kaylh I zan gopet xvastak pat ziyanak estet apat ne raset ut an I .frazandan 
(4) ta payiak bavel ku ziyanak aiarsakay but apac ne raset. Ut an-ic I 6y frazand (5") 
apac raset 1 pas ha* atarsakayih I ziyanak zal. 



254 



TRANSLATION 



A5, 2—6: 

Dfu-Farraxv has spoken thus: it is said (that) if a wife has said something, then 
the children must pay attention to the justice of what she has said; and that (a woman) 
in a &7A-ar-marriage must obey a particular man and not the whole world; and that 
one of age and a minor hold an equal position (vis-a-vis the head of household — 
A. P.)\ and that the sons are deprived of a better world (= paradise) for disobedience 
to (their) fathers. 

A5, 6 — 8: 

The disobedience /misconduct of a wife consists in the following: not to fulfil a 
just task ordered by her husband, but to perform an injust (one) of which he has said 
that (it) should not be done. And any (of these infringements of the husband's orders) 
must be committed three times (for the wife's conduct to be legally considered as an 
offence of misconduct /disobedience — A. P.). 

A5, 8—15: 

The decision (concerning) a son who does not acknowledge his filiation and de- 
clares: "I am not your son and I shall not assume filial obligations for you" is the 
same as in the case of a similar suit by a wife; moreover, it makes no difference 
whether the matter concerns a son or a daughter. (And the decision concerning) a 
slave (who deviates from the performance of his master's orders — A. P.) is the same 
as in the case of a wife who scorns her husband's bed. In the case of a pd//x?qy-*wife 
(the matter is settled as) it is written in the Mustapar-namak ("The Book of Ap- 
peals"). But as regards (the decision) concerning a former £akar-wife, of a man 
named Burzoy this was specifically written: "(judging) from what (?) may be seen 
('known'), Burzoy (sealed the document containing) this decision as regards the (his) 
wife (the ms. has 'husband') not because of the advantage and profit of the family of 
which (this) woman (was) the stur, but (so that) (this) woman should be more obedi- 
ent/well-behaved in the (stur) marriage with (her) husband: (it was) for this reason, 
that he sealed the document (and) specified (or 'ordered') this measure. And — 
owning to the title conferred by this document — no one ('other persons') seized (or 
'took away r ) this possession from Burzoy". 

A5, 15—6, 1: 



Lf a pdr/ibrdy- wife is taken into co-partnership, or if (her) husband conveyed her a 
thing as a personal possession, and if he (subsequently) declares her disobedient: then 
the property belonging to her shall go (= return) to her husband. But this right does 
not extend to the wife if she declares publicly: "I was of good-conduct /obedient". 

AG, 2—5: 

If he took (his) wife and the children bom by her into co-partnership, and (after 
that) he declares the wife disobedient, then the possessions belonging to the wife as 
well as the possessions of the children shall not go to him until it is publicly/officially 
declared stated that the wife (truly) was disobedient. And the property of that particu- 
lar child who was born to the wife after her misconduct (is the one that) shall pass to 
him (= the woman's husband). 



255 



MUD: TEXT 



Art, 5— 14: 

Ka Farraxv apar" (Ms.: MH = cc) Zanbut (6) I-S (zan I) palixSayiha atarsakayih 
stanet ut en nc nipcscl ku-s xvastak i man avi-5 (7) ma hep oh rasct aoak-iS xvastak 
bahr I katak-banukih avi-S oh rascl ka nipeset (8) ku-S xvastak I man avi-5 ma hep 
rasct ka ev + kas an gyak [aoak-iS] nc rascl (9) ul ka nc aoak-ic-iS pat rah I 2-kasih avi- 
s oh rasct [ut ka] go Pet ku-s xvastak I (10) man pat cis-ic aSvcnak ma hep rascl soak- 
is" pal-ic [rah] I 2-kasih avi-S nc raset. (11) Ut xvastak pat diitak I Farraxv estel u-s 
pat-is patkartan nc tuvan Ut hakar pas hat an (12) andar dutak frazand zayet be 6 an 
frazand rasct. But ke patkarisn kart ku be (13) 5 xveslh T xvesavandan rasct ul apac 6 
an frazand ne rasct u-m an ne xvap (14) sahist. 

A6, 14—7, 2: 

Gyake nipist ku ka andar zan I patixsayiha vicir avartet ku-t pat (15) hambay 
darom an zan xvastak I an mart xves but ut pat an dastaparih o an zan (16) raslt be 
dat patixSay ut ka zan xvastak be dahet soy atarsakayih I (17) zan gbpet an xvastak 
apac 6 Soy raset. Ut gyake nipiSi ku zan (1) xvastak I [soy] avi-5 dahet ka-c-iS 6 pat ce 
kamet kaxtan patixsay kunet a5ak-ic (2) yut hac dastaparih i Soy be dat ne patixSay. 

A7, 2—7: 

Ka man pat atarsakayih (3) raft I zan I xves dip stanet frazand I peS + (Ms.: pas) 
hac an zan zayet (4) xvastak I oy mart xveS bavet ut an I ka frazand I pas ha£ atar- 
sakayih guftan zayet (5) xvastak xveS ne bavet. Pat an zaman bavet ka atarsakayih 
(ne) evar ut ka-c taisa(6)kayih evar a5ak-ic-is xvastak an xveS ne bavet I-s pat past I 
apak mat kart (7) dastaparih (I) xveS Say el but enya-s" aparmand (I) pitar be ne bavet. 

A7 r S— 11: 

Vayayar guft ku xvastak 1 Soy pat bar-xvart 6 zan dahet zan (9) eton ku Soy avi-s 
dahet harv ciybn-is kamet kart patixSay u-s xvariSn ut (10) vastrak ha£ dutak tat apak 
an I hacapar xvastak I Soy b zan dahet ra5 (11) nipist rdkeritan. ' « 



A7 ? ll— 13: 

U-S en-ic guft ku Pusanveh guft ku ka Soy zan (12) pat -\indiSn patixSay fcnrt u-s 
pas atarsakayih apnr stanet a-S an vindisn apac 6(13) soy apispanan. 



25G 



TR-iNSL4TI0N 



Afl. 5—14: 

IT Farraxv obtains (a document) regarding the misbehavior of his patix$ay-wi& 
Zanbut, and does not write: "let my estate not go to her!", then the share of the mis- 
tress of the house shall go to her from his estate (= from the bulk of the inheritance 
left by him — A. P.). But if he writes: "let my estate not go to her!". Then if there is 
(even) one person in that family [she] shall not receive it; but if (he) does not (write 
so) then, in that case too, she will receive her share (only) in co-partnersip with an- 
other person ("by way of association of two persons"). [But if] he declares: "let my 
estate in no way go to her!", then she will not receive it even in co-partnership with 
another person. The estate shall remain in (= shall belong to) Fairaxv's family and 
she is not entitled to claim it through the court. And if a child is subsequently born 
into the family, it shall go to that child. Some have disputed (this position — A. P.), 
asserting that it shall belong to the agnates and shall not go to the child, but this does 
not seem right to me. 

A6, 14—7, 2: 

It is written in one place that if he makes ("seals") a contract concerning his 
patixsay-mfz: "I take you as a co-partner", then this woman is entitled to convey 
("alienate") to another person a thing which belonged to that man. and which came to 
her in accordance with the given title. And if the wife conveys the thing, but the hus- 
band makes a declaration regarding the disobedience of the wife, then that thing shall 
return to the husband. And in one place it is written that even if he (= the husband) 
endows her with the right to deal with a thing as she pleases, even then, the wife is 
not entitled to alienate the thing conveyed to her (by her husband) without her hus- 
band's permission (= the title to do this). 

A7, 2—7: 

If a man receives a document regarding (the fact) that his wife is guilty of the 
offence of misconduct/disobedience, then the child born previously (the ms. has 
"subsequently") to that wife shall inherit the estate of that man. But the child born 
after (his father's) declaration of (his mother's) misconduct shall not inherit (his fa- 
ther's) estate. He becomes (heir to the estate) only when (his mother's) misconduct is 
(not) proven. And even if her good behaviour is positively proven, even then, he does 
not inherit that property which was conveyed by the father in accordance with the 
contract made with the mother. He does not become (his) father's heir otherwise than 
through his (= father's — -.A. P.) personal disposition 

A7, 8— 11: 

Vayayar has said that a wife may dispose at her discretion of the thing that (her) 
husband conveyed to the wife with (the right) of usufruct — within the framework of 
the rights stipulated by the husband at (the time of) the transfer — but her subsistance 
and clothing (come) from the family (= from the family's means — A. P.). (This) 
should be examined together with what has been written above concerning the trans- 
fer of a thing by the husband to the wife. 

A7, 11—13: 

And he (= Vayayar) has also said that Pusanvch said, that if a husband endowed 
his wife with the right to acquire an income ("he empowered her as regards income"), 
and he subsequently receives (a document, a judicial confirmation — A. P.) regarding 
(his wife's) misconduct, then this income must be returned to the husband. 



257 



MUD: TEXT 



A7, 13—17: 

U-s cn-iC gufi ku ka mart apak an i-s pfitixsfiyihfi '/.:m (14) palniim kart ku en 
xvastak 6y kc 16 xves but rao gofich xves hep" b.'ivct (15) pas hac an ntarsakavih i an 
zan gufl ka an zan pas hac: an atarsakayih (16) guTt an xvastak kas xves but rao guR 
a-san hamgonak (17) pat + (Ms.: BR' = be) 6y be hilisn kc hac an znn xves but ra5 
gufL 

A7, 17—8,2: 

Gyake nipist ku (1) xvastak 1 soy 6 zan (i) caknr dnhct" kn atarsakayih T an zan 
goficl framan-c(v) (2) but rao apac 6 soy apispartan. 



XLIX 

A8, 3: 

Dar I xvastak T man xves *. 

A8, 4—7: 

Ka gofiel ku xvastak I man xves 5 to dat (Ms.: YHWWNt = but) an £e-s an dar an 
e kart estet 4 (5) ku-m ta 10 sal 6 anl-c kas dat pas-ic hac 10 sal bar I xvastak 5-5 pat 
(6) dat dastafiarih pat sturih xvastak I-s pat grapih ut vaxs i xvastak \-l pat (7) xveslh 
avi-5 mat dat bavet. 

A8, 7—12: 

Ka go|3et ku xvastak I to g6Seh~ to xves (8) ta go|5et ka xvastak I namcist ra5 
g6(5et ku frazand I to bavet xves he|5 (9) bavet" ta frazand bavet bar patlran ne kninisn. 
Ut ka xvastak 1 I namcist ra5 gofiet (10) ku Mihren xves ta-ic Mihren patisirisn" 
(Ms.: patlran) payiakenet ut ka xvastak 1 I namcist ra5 (11) gofist ku 6y ke to xves but 
go(5eh xves ta-ic gd{3Isn gojiet bar patlran (12) kunisn. 



A8, 12—13: 

Gyake nipist ku ka xvastak-e(v) (ne) pat vahak froxsend" ayap be dahend <13) u- 
s pas be 6 xvcsih ntset pat an froxt" froxsisn"'' (ut) dat be savst. 



Tilt: (nhjati) ordinal number of this chapter is A9. 



256 



TRANSLATION 



A7, 13—17: 

And he (= Vayayar) also said the following, that if a husband makes an agree- 
ment with his patixsaylh-xvife: "let this thing belong to the person whom you desig- 
nate as its owner", and (he) subsequently declares the wife disobedient; then if this 
wife has declared that this thing belongs to a certain person — ■ even after his declara- 
tion of her misconduct — this thing should be left (by the judges) to the person whose 
ownership of the thing was declared by her. 

A7. 17—8, 2: 

It is written in one place that a thing which a husband conveyed to (his) cakar- 
wife must be returned to the husband should be declare her disobedient, because an 
offence o£"framan" degree has occurred. 

XLDC 

A8, 3: 

Chapter* concerning (declarations beginning with the words:) "a thing which 
belongs to me" 1 . 

AS, A — 7: 

If he declares: "I convey to you the possessions belonging to me", then (a thing) 
of which he disposed at that time in the following manner: "I have also conveyed it to 
another person for a term of ten years" is likewise (considered as transferred to the 
man to whom this transfer is addressed — A. P.), after the passage often years. (And 
the following) are transferred: the fruit (= income) from the thing conveyed, which 
(= the thing) — according to the title of transfer (given to the receiver) — will pass as 
a .rtur-possession. and the thing pledged (held by a creditor) at the time of the decla- 
ration, and the benefit/increase from the property that had entered his personal pos- 
session. 

A8, 7—12: 

If he declares: "the thing which you name shall belong ('belongs') to yon", the 
fruit (= the income from the thing conveyed — A. P.) should not be retained 
(= belongs to the conveyer — A. P.) until the other names (it), or — if he declares re- 
garding a concrete thing: "let it belong to the child you will have" — until the child 
appears. But if he declares regarding a concrete thing: "(let it) belong to Mihren!)", 
then — until Mihren declares his acceptance of the thing, or if he declares regarding 
some specific thing: "(let) it belong to the (man) whom you declare (to be) its 
owner!", then — until the time when the other (one) makes a declaration — the fruit 
from (the thing conveyed) is subject to retainment (= is retained, is claimed from the 
conveyer — A. P.). 

A8, 12—13: 

It is written in one place, that if a thing is sold (to someone of the family — 
A. P.) or conveyed, and subsequently (this thing) passes (to this person) as a personal 
possession (= as an inheritance-portion — A. P.), then the sale or conveyance is 
thereby annulled ("goes away, leaves"). 



259 



MUD: TEXT 



AS, 13 — 17: 

An! gyakc (14) nipisl ku Farraxv daslkart 1 i-S n£ xvcs ra5 kuncl ku-m pas li;tt 
10 sal (15) 6 Mihrcn dal ut oy kc an daslkart xvcs pas hac an 6y daslkart rao (16) 
kunct ku-m pas hac 10 sal 6 Farraxv dal an xvastak pal dal I Farraxv (17) 6 Mihrcn 
raset. 



A8, 17— l J, 5: 

Ut ka gopet ku-t dahom u-s nc xvcs be xrinisn" (1) ut be dahisn. Ul ka gopcl ku-t 
dahom u-S xve5 gyake nipiSt ku yul hac" zan (2) ta zlvandaklh patixsay patlranenltan 
ut ka zan gopet ku-s" pat zanlh 6 to (3) dahom aSak-i5 andar zaman* (Ms.; drrfn) be 
dahisn ut gyake nipiSi ku ka gopet ku en 6 (4) to dahom be xvahisn ut hakar be dahet 
la hamak pal hacaSmand graP apispaiisn (5) la be apisparet. 



A9, 5—7: 

Vahram hac Vahramsat ut Rat-Ohrmizd be oyon gufl ku (6) ka dastkart i ne 
xve§ ra5 kunei ku 6 to dahom u-s pat vahak xrit ut (7) be dat ne tuvan arz I an dasl- 
kart be dahisn. 



A9.7— 9: 

Pat 3 gopisnlh ut 2 gopisnlh (8) but ke guft kii dat pat sar bavet ut but ke gufl ku 
ka and be (9) uzil cand sayet guftan ku-m ne dat adat be bavet. 



A5, 9— 10, 1: 

Ut ka mart-e(v) xvastak (10) 3000 + (Ms.: 2000) hast ne pat (h)andarz ut SviSi be 
gopet ku-m 2000 6 Farraxv dat ut 2000 6 (11) Mihren dat ut 2000 6 Atuffarnbay dat 
an ke hep gopet ku dat pat sar be (12) bavet etdn gopet ku 3000" (Ms.: 2000) 2000 by 
(I) aptom 500 6y 500 oy wes ce (13) ka ahanun dat ne but estat u-S 2000 hac 
3000 apac stanet (Ms.: stanend) u-s 6 (14) oy I aptom dat an ke hep gopet (ku) ka and 



2GO 



TRANSLATION 



AS, 13—17: 

In another place it is written, that (if) Farraxv declares (the following) regarding 
a dastkart which does not belong to him: "I have conveyed (this dastkart) to Mihren 
after the passage often years", whereas the man to whom this dastkart belongs subse- 
quently declares regarding the same dastkart: "after the passage of ten years it is con- 
veyed to Farraxv", then this thing shall go to Mihren in accordance with Farraxv's 
transfer. 

AS, 17—9, 5: 

And if he declares (thus): "I convey to you", but (the thing) does not belong to 
him; then he must buy (it) and convey (it). But if he declares: "I convey to you", and 
(the subject of the fransfer) belongs to him; then it is written in one place, that he 
(= the conveyer) is entitled to retain (the thing in his possession — A. P.) to the end 
of his life — except for the case where a woman is involved (= where the subject of 
the transfer is a woman — A. P.). But if he declares concerning a woman (= his 
wife): "I convey (her) to you as a wife", then he must convey her at once [lit.: 'at 
(that) time*]. And it is written in once place that if he declares: "I convey this to you" 1 , 
then a claim should (be made). And if he conveys the thing to another person, then 
until everything (= until he transfers it in full), he is obliged to give a security for 
what is retained until such time as he delivers (everything stipulated in the transfer). 

A9, 5—7: 

Vahram — citing (the words, authority) of Vahramsat and Rat-Ohrmizd — has 
spoken in this manner, that if he declares regarding a dastkart which does not belong 
to him: "I convey (it) to you", and he is unable (or "not entitled") to buy it for money 
and transfer it, then he must convey (an amount equal) to the value of the dastkart. 

A9, 7—9: 

As has been said by certain authorities, in the case of three or two declarations 
(concerning the transfer of the same thing — A. P.), the transfer takes place in accor- 
dance with the last (declaration of will; or "the transfer is joint" — A. P.). But others 
have said, that if the amount of time allowed for the declaration: "I have not con- 
veyed" has elapsed (between the first and the subsequent declarations), then the thing 
is not transferred (according to the first declaration) (= the first declaration is an- 
nulled; cf. infra A9, 9—10, 1). 

AD, 9— 10, 1: 

If a man having an estate worth 3000 (drahms) (the ms. has 2000) declares — 
neither in a will (nor in any other) sealed document: ''I have conveyed 2000 (drahms) 
to Farraxv", and "I have conveyed 2000 (drahms) to Mihren", and "I have conveyed 
2000 (drahms) to Aturfarnbay". If he said the following (at the same time): "the 
transfer takes place in accordance with the last (declaration of will? lit.: "the end, the 
summit'; or 'the transfer is joint' — A. P.)"\ then he has thereby declared that 2000 
(drahms) out of the 3000 (the ms. has 2000) belong to the last named, 500 (drahms) 
belong to the first ("him") and 500 (to) the second ("him"); because — inasmuch 
as the transfer of the right (= the transfer in accordance with the first declaration of 



Vfil 



MUD: TEXT 



/a man u/.il cand ne (hat) dat hc|i (15) be !,aycl guft adnt be bnvel el' go|ici ku ka-?; o 
6y kc-s pas (16) nam kart dat an 1 fratom dat be but cstal u-s apat statan (Ms.: 
stanend) (17) nc tuvan but. Ul an I dilTkar ahanun dat nc but cstat u-s/hat-is apa£ 
stanend (1) u-5 be 6 6y f sitlkar dat 2000 6y I fratom ut 1000 6y I [sitlkar] xves. 



A10, 2—8: 

Be ka xvastak 1O00 hast ut gofiet ku-m 1000 6 Farraxv ut 1000 6 Mihrcn (3) ut 
1000 6 Aturfarnbay dat but ke guft ku 6y (i) xves kc 6 [an mart] (4) nazdisitar ul but 
ke guft ku-5an akanen xves ut Veh-Ohrmizd en-ic guf[l] (5) ku man pat-i£ 
hamcasmanlh ) Zurvandal hac Yuvan-Yam I Vahislbahx apac pursit (6) u-s guft kcu 
man eton caSt (ku) ka goflet ku-m 1000 6 to dat ut 1000 6 (7) to dat ut 1000 6 to dat 
enya ka dat evac evak gofSet a-san (8) rast xves. 



A10, 8—13: 

Ut pat (h)andarz pat-ic Smst ka evak-evak dat apar be (9) gopet a-s hamak 6 ev 
(Ms.: 2) I aptom dat (h)andarz ef rao il patixsay vartenltan Inst (10) ef ra5 £e ta be 
Svist hamak apac stataii ut 6 an I dit dat patixsay. Ut cim I (1 1) Svist hac guft I ne pat 
avist >Tittar but en ku (i) pat Ivist dit (12) be i\ist kar nest ut an I pat guft ka be gnft 
vas u-s evarih hac 3 (13) -\dkav ut guft I magupatan magupat ne (Ms.: NWR' = ataxSl). 



2C2 



TR4NSL4TION 



will — A. P.) has not yet taken, place and he receives back 2000 (drahms) out of 
3000 — he has conveyed (them) to the last named. But had he made the declaration 
(concerning the transfer to the second person — A. P.) upon the e\-piration of the 
time limit within which it would be possible to declare "not transferred" [72] — then 
(the immediately preceding) transfer would (thereby) be annulled and he (is assumed 
to have — A. P.) declared this: the transfer to the first person had already taken place 
at the time of the transfer of the right ("the conveyance") to the person designated 
last, and it was impossible to obtain the return (of the sum conveyed to him); but 
since the transfer of the right ("the conveyance") to the second person has not yet 
taken place, (the amount conveyed to him through the declaration) is (= can be) taken 
back (= retained), and (it should be) conveyed to the third person. (Thus): 2000 
(drahms) shall be conveyed to the first person, and 1000 (drahms) to the third, (cf. 
supra A9, 7—9, et infra A10, 2—8, 8—13). 



A10, 2—8: 

But if he has a thing (worth) 1000 (drahms) and he declares: "I have conveyed 
1000 (drahms) to Farraxv and 1000 (drahms) to Mihren, and 1000 (drahms) to 
Aturfambay", (then) — as has been said by some (authorities) — (the thing) should 
belong to the one (of the persons named) who is the closest agnate [of that mail (= the 
declarer)]. But others have said that (the thing) should belong to them together (= as 
common property). And Veh-Ohrmizd said the same as well as the following: "in the 
presence of Zurvandat, I asked Yuvan-Yam, (son of) Vahistbahr (or else: 'having re- 
ceived a better portion of paradise 1 = an epithet used of the dead — A. P.)", and he 
said: "I maintain this, that if (this) declaration took place: 'I conveyed 1000 (drahms) 
to you, and I conveyed 1000 (drahms) to you (= the second person), and I conveyed 
1000 (drahms) to you (= the third person)', then (here) — as in any other 
(formula) — if he utters the word 'conveyed 7 only once, the thing must belong to 
them equally". 



A10, 8— .13: 

But if he makes a declaration in a will /or in a sealed (document) regarding a 
transfer to each one singly ("one by one"), then he has conveyed the entire thing to 
him alone (the ms. has 2) who was mentioned last. (The matters stands thus) in (the 
case of) a will — because it maybe altered (= he is entitled to alter it), and in the case 
(of a transfer set down) in a sealed (document) — because until it has been sealed, he 
is entitled to take everything back and convey it to another (person). The reason that a 
declaration in a sealed (document) differs from an unsealed (= oral) declaration is the 
following: that a second sealing (or "second seal") is not required (for the authentica- 
tion of a declaration made in) a sealed (document); whereas (in the case of) an oral 
declaration, whenever an oral declaration of will is made, its trustworthiness (must be 
confirmed) by three witnesses (but (this) is not required for the declaration of the ma- 
gupatan magupat) [73]. 



2G3 



MUD: TEXT 



AH), 13—11, 10: 

Vahram gufl ku ka Mihren patman (14J kuncl ku-m en xvastak pas hac 10 sal 6 
Zanbul I Aturfarnbay duxt dat (15) andar 10 sal Zanbul (i) be mi ret by kc ct + guft ku 
dat past xva5 + (Ms.: NPSH-xvcs) (16) guft bavct ku xvastak be 6 pit raset cc-s past an 
zamanjtart (17) ka Zanbiit (i) vindisn pat pit cstat 6y kc el guft ku past dal xvaf (1) 
guft bavet ku hakar Zanbul andar 10 sal be mlrcl et ra5 ka xvastak pat zan (2) andar 
sayet sut ut zan mlret xvastak hac rat be ne ayel. Ka Zanbul (3) andar 10 sal soy kuncl 
ut andar ham 10 sal be mlret a5ak-ic hamgonak bavct cc hakar (4) past dal waif 
Zanbut mlret xvastak 6 kas matan ne sayel ut hakar (5) dal pasi xvas T ka-£ pit mirel 
a oak-it" xvastak be 6 diitak I pit (6) raset yuttar nest ku ka gofict ku-m en xvastak pas 
hat 10 sal 6 (7) pit dat ut ka pit andar 10 sal be mirel a5ak-it xvastak be 6 dutak I pit 
(8) raset u-5 en-it guft ku en datastan kartak oyon apak ku past dat (9) xvas + en ku ka 
pit andar 10 sal be mlret a5ak-it xvastak paf dutak I pit (10) raset apak an I hacapar 
pat guft I Siyavaxs nipiSt anbassajuk. 

All, 10—12: 

(Hat) Pesakser (11) go^end leu ka goftel ku-m en xvastak 6 duxt ev 1 16 dat 6 an I 
mas dat (12) bavet. 

All, 12—17: 

Vahram gufl ku ka Farraxv apak Mihren patman kuriet ku ansahrik I (13) man 
xves evak I to andar apayet (gofleh) to xveS ut Mihren andar apayet pas ha£ 10 sal 
gopet (14) andar 10 sal hat ansahrik ke-s andar apayet pat-is gopet ansahrik-e(v) be 
zayet (15) an-it l pat an aovenak zayet be savet. U-s en-ic guft ku pat en vatak \'as 
(16) kas hamdatasian be-s Yuvan-Yam hat-it Vahxamsat be pat-it yuldatastan (17) 
but. 

All. 17 — 12, 3: 

(...)* to 6 Mihren froxt ut Mihren pas hat 3 sapak andar apayet gopet (1) et ku 
Farraxv andar 3 sapak I hac an ka Mihren andar apayet gopei apat estat ne (2) 
patixsay te-s 3 sapak I xves sut ut ka-s 3 sapak I xves sut 3 sapak I (3) Mihren andar 
Farraxv ev(?) kai nest. 



* The beginning of this article has been omitted by the copyisi. 



2G4 



TRANSLATION 



A1U. 13— U, 10: 

Vahram has said that if Mihren makes (the following) contract: "'upon the pas- 
sage of ten years this thing is conveyed by me to Zanbut, daughter of Aturfaxnbay", 
and (if) Zanbut dies in the course of these ten years; this is (the opinion) expressed by 
one (of the commentators): that (what) is said (= presumed) (by pronouncing the for- 
mula?): "a covenant is made ('given')" — "(it is) good" [74], is that the thing should 
go to the father, since the contract was made at a time when Zanbut's income be- 
longed (= went) to (her) father. But there was one who said, that what is stated 
(= presumed) by (the formula): "a covenant is made" — '(it is) good' is that if Zanbut 
dies during the course of (these) ten years, then — inasmuch as the thing must go to 
the woman and the woman is dead — the thing does not go from the conveyer. And if 
Zanbut marries in the course of these ten years and dies in the course of the same ten 
years, then (the decision is) the same, because if Zanbut dies (after the formula): "a 
covenant is made" — "(it is) good" (has been pronounced), the thing must not go to 
anyone. And if the father also dies (after the formula): "a covenant is made" 1 — "(it 
is) good" (has been pronounced), then in this case too, the thing goes to the family of 
the father. And this case is not different (from the one) in which, he (= Mihren) de- 
clares: "upon the passage of ten years, this thing is conveyed by me to the father (of 
Zanbut — A. P.)", and the father dies in the course of these ten years, then also the 
thing shall go to the father's family. 

He (= Vahram — A. P.) has also said that this decision corresponds 
to /accompanies the established judicial rule (?) (in accordance with which the for- 
mula): "a covenant is made" — "(it is) good" (indicates) the following: if the father 
dies in the course of the ten years, then also, the thing shall go to the father's fam- 
ily — which contradicts what was said above from the words of Siyavaxs. 

All, 10—12: 

It is said (with a reference to the Castak) of Pesakser, that if he declares: "I have 
conveyed this thing to one of your daughters", then (the thing) is conveyed to the 
eldest. 

All, 12—17: 

Vahram has said, that if Farraxv concludes (the following) agreement -with Mi- 
hren: "from (among) the slaves that belong to me, one (male or female) of whom you 
say 'needed 1 , shall belong to you", and Mihren declares "needed" after ten years, but 
in the course of these ten years the slave-woman about whom he declared ("declares"') 
"needed" has born a slave; then the one born under these circumstances ("in this 
manner") also passes (to Mihren). He has also said that many are in agreement on 
this question, but Yuvan-Yam together with Vahramsat held to another opinion in 
this (matter). 

All, 17—12, 3: 

(...) * you/your (?) is sold to Mihren, and Mihren declared "(it is) needed" after 
three days; then Farraxv's revocation (of the agreement/ transaction) is not possible 
during the course of the three days fallowing Mihren's declaration "it is needed" since 
his own three days (/. e. those following the time of the declaration of the agreement 
and during which his right of revocation of the agreement or the transaction is opera- 
tive — A. P.) have already elapsed, and Mihren's three days (= those over which Mi- 
hren's right of refusal extends — A. P.) arc not valid as regards Farraxv. 



MUD: TEXT 



A 12. 3— 7: 



Dat-Farraxv I Farra>rv-Zurvan bo£iSn cvak en guR (4) ku ka zan guharcn kunct 
ut Soy andar 3 Snpak I zan rasct u-S apar (5) estel ka 3 Sapak I zan Sut (guhart) be 
bavcl. U-S cvak (en) guft ku ka (6) zan gospand pal pasus.haun'o-ih be patiglrct iji 
Soy andar 3 Sapak T (zan) ayel (7) u-S apar cstct ka 3 Sapak I zan Savcl pasus.haurva- 
Thbcbavet. 



A12.8— 9: 

NamciStlk dat (hep) a-S xvast ne apayct nam&Stlk dahom namtiStlk (9) hep dat 
(?) dahom a-S hamev be xvast apayet. 



A12, 10—11: 

Dar I vatak £and I pal kartak daStan gopend ut apar-i£ (11) Datastan-namak(Tha) 
nipiSt estel*. 

A12, 11—13: 

Ha£ dataparan 6 var ta rat apaimat haE dataparan (12) ut hac-i£ magupatan 6 
xvarastan zaman ne dat. Zaman I 6 datapar I mas ta 6 magupatan (13) pat hamemar 
ut ha£ an fraC pat tan-e(v) kart. 

A12, 13—17: 

Magupat ut datapar ke hac kar guharik (14) kan muhr ta rnuhr-dat Svanet 
patixSay ka be ne dahet tiyon hat Yuvan-Yam (15) be gopend aVaStak kanan ra5 
muhr apa£ 6 data par I pel dat ne patixSay (16) u-S an-i£ boziSn I ta muhi-dat Svartet 
bene dat patixSay I muni (17) ra5 nipist. 



* The (ahjacl) ordinal-number of this chapter is 50, 



TRANSLATION 



A12, 3—7: 

Dat-Farraxv I Farraxv-Zurvan has stated such a decision: if a wife makes an ex- 
change and the husband conies (to the place where the transaction is taking place) 
within the wife's three days (= the three" days following the wife's declaration during 
which her right to revoke the agreement remained in effect — A. P.), and he supports 
her. then (the exchange) takes place (= is concluded) at the end of the wife's three 
days. And he (= Dat-Farraxv) also said this: if a wife takes a sheep for safekeeping 
and the husband appears during the wife's three days and supports the agreement, 
then (the agreement regarding) the keeping of the small cattle takes place (= is con- 
cluded) at the end of the wife's three days. 

A12, 8—9: 

(If the transfer is formulated in the following fashion — A. P.): "(I) have con- 
veyed a definite (thing) to you", then he need not bring a claim (to receive the thing 
in such a transfer — A. P.). (But if the transfer or the relinquishment are formulated 
in one of the manners given below: "I shall convey a specific (thing)", "I would give a 
specific thing (if)" (should the receiver observe some condition stipulated by the con- 
veyer — A. ?.)"; then it is indispensable to bring suit (to obtain the thing). 



A12, 10—11: 

Chapter concerning certain regulations ("formulae") which, it is said, must be 
adhered to ("had; held") in judicial proceedings and which are also set down in the 
Datastan-namak ("The Book of Judgements") *. 

A12, 11—13: 

A session (= the investigation of an affair) in (an ordeal) court is not appointed 
by the judges — the judges and likewise the magupats — ■ until a decision (regarding 
this matter is rendered by the rats. The session (= the investigation of the affair) — 
before a senior judge and all the way up to a judicial session before the magupats — 
takes the form of a trial ("is through trial; a litigation between parties") but in higher 
instances ("after this") — (it takes place) singly (= independently, /. e. by way of 
an individual investigation of the affair and (the individual) rendering of a deci- 
sion — A. P.). 

A12, 13—17: 

A magupat and (or) a judge who is being removed from office is entitled not to 
return (his) seal (of office) until (the document regarding) their transfer (= surrender, 
return) of (this) seal has been sealed. As it has been said, with a citation of Yuvan- 
Yam, it is not permitted to convey an (official) seal for the sealing (of documents) to a 
former judge. He has also written down this decision: that (an ex-magupat or an ex- 
judge — A. P.) is entitled not to return (his) seal until he has sealed with it (the 
document) regarding the surrender of (this) seal. 



267 



MUD: TEXT 



A12, 17—13,2: 

Ka xvastak 100 vaxs ul 'nvv'n (?j I pal pnlmfin i sal cvak karl (I) ut sal 3 [6 
to)zisn mat ut apam I sal 2 hast pat kartak pat apam i sal 2 be (2) apispartan. 

A13, 2— 3: 

Yd hva. daena- pat kas 6 kartak kart estet ul pal aparik hist (3) estet. 

A13.3 — 4: 



Pat b62i5n I andar hambayan ka andar hambayih cvak yavar staprtar xvaret (4) 
vastrak veh daret pat bahr be ne hangarisn u-san pat vastih be hangartan. 

A13, 5—7: 

Ka katak-banuk gatar kart ut pat dutak an! zan ayap apumayak but (6) pat katak- 
banuk ut xvastak bahr I katak-banuk sardar ne ut pat apumayak ut aparik harv ke pat 
dutak (7) sardar gumartan. 

A13, 7—8: 

YaziSn-narnak pat CaStak Artvahist ro£ avartisn ut pat kartak (S) Xordat roc 
avartend. 

A13, 8—9: 

r )^ ka pat raSenisn xvahet 6 kartak kart estet (9) ka pat evaiih xvahet hac 
kartak hiSt estet. 

A13, 9—11: 

Zendanik ravakbut zendanpan (10) pal ^naskanh be eraxt ut pas zendanlk apac 
6 miyan amat ut pat kartak (11) mat esiet u-san zendanpan ne ozat. 

A13. 11—13: 

Mart-e(v) tan-e(v") andar 6 Diglit apakanel (12) an tan apa* kan ha£ an bar ne 
miret ui pat kartak mat estet u-sau pal (13) andar apakandan pursisn-namak pat-is 
kart. 



268 



TRiNSL-iTION 



A 12. 17—13,2: 

If a thing/sum (amounting to) 100 (cirahms) was stipulated as interest or C'and") 
smart-money in case (of his non-fulfilment of an obligation) by the end of one year 
(from the day that he assumed it), and if he appears in the third year intending to pay, 
but (his) indebtedness is a two-year (one); then according to judicial rules ("kartak") 
he must pay (the interest or smart money — A. P.) calculated (on the basis of) a two- 
year indebtedness. 

A13, 2—3: 

One who is a Zoroastrian must be subjected to judicial procedure even for a mi- 
nor (offence; in minor matters — .4. P.), whereas (the necessity to investigate the 
matter within the framework of judicial procedure) is set aside in the case of others 
(/. e., unbelievers). 

A13, 3—4: 

In the settlement (of affairs) between co-partners, if one of the partners eats more 
and has better clothing (than the other), this should not be added on (= taken into ac- 
count for) bis share, but (if one of) them is sick (? ;; in sickness"), (this) should be 
taken into account. 

A13, 5—7: 

If the mistress of the house has entered into a sexual relationship (/. e. . "has en- 
tered into a marriage of the type without full rights" — A. P.), and there is another 
woman or minor in the family, then a guardian (should) not (be appointed) for the 
mistress of the house and (for) the estate representing the portion of the mistress of 
the house, whereas a guardian should be appointed for the minor and (for) all the 
other members of the family. 

A13, 7— 8: 

According to the Teaching (Castak = the commentary on the legal nasks of the 
Avesta — .4. P.), a document regarding an ordeal should be sealed on the day Artva- 
hiSt, whereas according to the procedure (karcak = the norms of judicial practice — 
A. P.) it is sealed on the day Xordat. 

A13, 8— 9: 

If he demands the payment of smart-money, then (the investigation of this mat- 
ter) takes place by way of judicial procedure. If he demands (it) on the basis (of his 
having) an unquestionable ("authentic") right (to it), then the affair is removed from 
judicial procedure (= is freed from the obligation of going through a trial — A. P.). 

A13, 9—11: 

A prisoner fled (from prison), and the gaoler was condemned (= sentenced to a 
punishment) for (his) offence (= for allowing the flight of the prisoner — A. P.), after 
which, the prisoner appeared again and presented himself before the court, and they 
(= the judges) did not condemn [75] (or: "kill") the gaoler. 

A13, 11—13: 

A man throws a slave into the Tigris. This slave having been pulled out (of the 
river) does not die on this occasion and appears at the court trial, and they (= the 
judges) have drawn up a record regarding his being thrown into the river (= the at- 
tempt to drown him — -A. P.). 



269 



MI ID: TEXT 



A 13. 13—15: 

Tan kc darisn i pa! zcndan paylak (14) dala[iar pal vicooisn mat cstct be vicusl 
vinaskarih-c(v) nc paytik pat kartak (15) hac zcndan be nc liilcnd. 

A13, 15—16: 

Ka pesemar apayel eranjenltan datafiar I (16) pascmar be cranjenel u-san zaman 
be 6 datafiar I pesemaran kari. 

A13, 17: 

Pat karlak zlvandak anattan ne kunend. 

A13, 17—14, 1: 

Cak ut hacaSmand pat harv 2 var andar (1) frayar (= Avest. frayaro-) pat das- 
tajiaran (Ms.: data(3aran) pat dep hufrdsmd.dal(i-) dahend. 

A14, 1 — *: 

Hakar [ataxs] 1 (2) zan (do) nisast sardarih pat zan ke nisast (ut) zan I stur ke 
(3) gatar ut andar an e ka-s gatar kart sardar ne but sardarih pat gatar be hiliSn. 

A14 ? 4— 5: 

Pat gat tavan ka 5ay ayap zan ayap (5) gatar murt 6 xvahisn ne kart estat viclr ne 
kanan, 

A14. 5—6: 

Pat viclr I (6) ne oyan kart ciyon sazist ham datapar dip hac" pas kartan ne pat 
xvap da5tan. 



A14 r 7— 9: 

Pat \~vastak I varomandih stur oyon gurnartan ku hac an ciyon (hakar) merak 
stur a oven (8) gumart (an) pat sturih I merak merak sazaktar. Hakar merak srur 
a5ven guman(an) [9) a-man merak pat sturih I merak gumart. 

A14. 9— 10: 

Pat sturih ut dutak-sardarih (10) pus ut duxt I cakardat I 6y kc stur ut dutak- 
sardar (i) apayct gurnartan ne gumart (.an). 



270 



TRANSL4TION 



A13. 13—15: 

A man (not likely "a slave") known to be in prison, and whom a judge — having 
come (there) for an investigation (probably relating to another matter that he was 
examining in court — A. P.) — finds entirely innocent upon inquiry, is not released 
from prison according to the norms of judicial practice. 

A13, 15—16: 

If it is incumbent to condemn the plaintiff (then) the verdict is rendered by the 
respondent's judges and they (= the respondent's judges) must set a (court) session 
before the plaintiffs ("plaintiffs'") judge. 

A13, 17: 

According to judicial norms, the insolvency of a living man (or "for life") is not 
proclaimed. 

A13 ? 17—14, 1: 

A document (regarding the court decision) or (a document regarding) contumacy 
is conveyed to both litigating parties in the morning ("before noon"), but to the repre- 
sentatives at sunset (lit.: "at the meeting of the sunset, evening"). 

A14, 1 — 1: 

If a woman has instituted (a Fire), then the trusteeship (over it) belongs to the 
woman who instituted it. And (if) this woman as a stur enters into a marriage (sine 
martu — A. P.); then even if she has not been the trustee over the Fire when entering 
into (the marriage), the trusteeship (over the Fire) is transferred to her {cakar — 
A. P.)-husband. 

A14, 4—5: 

As regards a fine for adultery: if by the death of the husband, of the wife, or of 
(her) lover the claim has not been presented, a (judicial) decision should not be ren- 
dered. 

* 

A14, 5 — 6: 

As regards a judicial decision which was improperly rendered: the drawing up of 
a subsequent document by the same judge is to be considered invalid [76], 

A14, 7—9: 

In the case of a "doubtful" estate (evidently an estate to which the dead man's ti- 
tle is not clear — .4. P.) a stur is to be appointed in this manner: inasmuch as (such- 
and-such) a (dead — A. P.) man designated a "conditional" stur (lit.: "sort of a stur, 
a "kind of stur), this man is the most suitable to be that (dead) man's stur. If (such- 
and-such) a (dead) man has designated a "conditional" stur, we have appointed this 
man to be that (dead) man's stur. 

A14, 9—10: 

Neither the son nor the daughter born from a £er/;ar-marriagc of the person for 
whom a stur or a family guardian should be appointed shall be appointed (that 
man's — A. P.) stur or family guardian. 



MUD: TEXT 



A14, 11—12: 

(...) apayct hac c(v)k.art oron magupatan gumfirt u-San pal framanih (T) sahan 5ah 
(12) gumart*. 

A14, 12—13: 

Zan but I-san saiakan ra5 patiranenit u-san pal Soy be ne (13) dat u-san 
XvatayduxtMc" Veh-Sahpuhx ra5 oh patiranenit. 

A14, 13—15: 

VikayTh I pat iahm (14) en and vas ka gofict ku-s and iahm kart toiisn be 
kunisn. Spuniklh I (15) sneh ut £andlh (I) res (ut) narncistSuh I gyak <i) guftan ne 
apayet. 

A14, 15—15, 1: 

Pat zahm hamak (16) pat res ut masruk"" ut vars rarrisnlh ut karp apakanisnih ut 
dart (ut) xiin tozisnlh ut pat-ic zahm (17) sardak ctyon zahm sardak ahanjiSn ut 
aspozisn ut kas&n ut mii36,sast(a)~ la (1) ne drcry [rjah nimut hangart/handart ut 
atyadat bavet. 

A15, 1—2: 

Pat hacasmaiid harv an ke (2) matak hast matak ut an ke nest pak(a) pasu.casa- 1 
caxsa-(7). 

A15, 2—5: 

Pat duz tiros' I sahr matak 10 ba7 (3) pat ap(p)ur matak tasuba^ pat bo56Jat tit 
kato.jat guhank I matak 6 bun-xvesan (ut) res (= raesa) (4) 6 ^inaskaran dat ra5 vi£ix 
kartan pat gat tavan pat ev vicirkart I (5) datafiaran freh ku 300 ^dtartan rij5 \iclr ne 
kartan. 

A15, 5—7: 

Ka vikay 2 ne but (6) pursisn-namak (ra5) <ut) ka guft ku ^zut ut asar (ne) 
nipist pat ap(p)ur raSenisn ne (7) ut ka vut-daiastanlh ra5 nam be ne guft attanlh pat 
. dastaflar oh (bavet). 



* The beginning of this paragraph has been left out by the copyist 



272 



TRANSLATION 



A14, 11—12: 

(...) it is necessary that magupats henceforth (?) be appointed, and they are ap- 
pointed (?) by order (or "according to the order') of the King of Kings *. 

A14, 12—13: 

There have been women who refrained (from marriage with the man offered to 
them as a husband — .4. P.) for the sake of (a bridegroom more) suited to them. Thus 
Xvatayduxt refrained for the sake of Veh-Sahpiihr (= for the sake of becoming Veh- 
Sahpuhfs wife — A. P.). 

AI4, 13—15: 

If he gives a witness 1 testimony regarding the degree ("size") of an act of physi- 
cal violence ("a blow") in this fashion: "he struck so many blows", then the fine 
should be set (in accordance with this). It is not necessary to make a declaration re- 
garding the weapon, nor (regarding) the number of wounds, nor (regarding) their ex- 
act position. 

AI4, 15—15, 1: 

A fine must be paid for every act of physical violence ("blow 3 ') corresponding, to 
the raisa- (= an offence of deliberate damage against a body — A. P.)\ for the pulling 
out of the beard and hair, and (for) disfigurement, and (for the causing) of pain, and 
(for the spilling) of blood. As regards the variety (= the degree of seriousness? — 
A. P.) of an act of physical violence, namely when (there is an intentional) increase in 
the variety (= seriousness) of this offence: (a deliberate) intensification and stretching 
(of the wound — A. P.), and a false testimony (or "dissembling" — A. P.), (such acts) 
should be considered as (equated with an) "atyadat" (offence) [cf. DkM, 698, 2 — 17) 
in order to avoid any attempt to lead (the legal process) astray. 

A15, 1—2: 

For non-appearance in court, the one who has money (shall pay the fine 
and the stake — A. P.) in monev, and the one who has none, in "pak(a) pasu.casa-l 
carta-" @). 

A'15, 2— 5: 

(The punishment provided) for theft is the brand of the sahr, for looting — a 
sum equivalent to ten bays, for bodo.jat and kato.jat (= varieties of offenses of physi- 
cal violence) — a sum equivalent to four bays. A decision must be rendered concern- 
ing the transfer of the sum equivalent (to the fine — A. P.) to the owners, and the im- 
position of raesa (the obligation to reimburse the loss — A. P.) on the criminals. For 
adultery the judges should not render in a single sentence a decision requiring the 
payment of a fine in an amount superior to 300 (satersl drahmsl). 

A15, 5—7; 

If two witnesses were not present, if it is said of the record of investiga- 
tions/interrogation: "(it is) shortened and is not written in full ('is written without the 
beginning/ending')"; then a trial regarding a case of robbery cannot be conducted. 
And if it named no name because of a divergence in opinion, (then) the solvency (is 
determined?) according to that of the rcprcscnLativc/disposcr(?). 



273 



MUD: TEXT 



A 15, 7— K: 

Zaman I (8) 6 dastafiaran sal drahnfio. 

A15, 8—9: 

Sturih I kataJc-banuk be dat datastan gumarlak(9)lha but rao nipiSt ut avast csict. 

A15, 9— 11: 

Dui ke hamemar pat hamemarih (10) andar cstct ul vat-ahangTh ut zur-vikay ut 

droy-caSut *vira5kar (? Ms.: 'J/^l) bastar ut anayar (1 1) ut stur-skand ut nasa(k)- 
nikan ut nasa(k)-pak oh bast(an). 

A15.ll— 12: 

Pat yatuk ka daxsak ne (12) goj3et nipistak ne kunisn ut ka kart ne ahokeniSn. 

A15, 12—15: 

Katak-banuk srurfh. o (13) by I kern saiaktar ne patixsay dat ut pat-ic kartak oyo; 
kartan cryon ostaplaian (14) guft but ke 6 by I kem saiaktar dat (ra5) pes' Dat-Farrax- 
I mcryaii (h)andarz(15)pat mat estat u-5 be ne vartenlt. 

A15, 15—17: 

Yatuk I patram dusrav tambar 6 (16) gartan ut gosvar 6 duskartan ta varoman 
kart ayap buxt be hilisn ka-s (17) cambai ayap gosvar evak sikast pat varoman 
dastan. 

A15, 17—16, 5: 

Uzenak I pat namak (1) pas(s)ac pat kartak pat xvastak gyake gyft ku 9 drahm 
Ut gyake guft (2) ku harv 10 drahm 3 ut pat markanzan 95 ut ka datastan hac an 
aper vas (I) a5ak-ic" pat (3) markarian ves nest ku 95 ut pat xvastak byon payt; 
crybn ka ves ne he (4) ku IS drahm 2 pat kartak uzenak I pal namak pas(s)a£ and 
apayet hac ataxsan (5) be dahend ut hac p?5emaian (ut) pasemaran apac xvahend. 



274 



TRANSLATION 



A15. 7—8: 

(The time limit for the appointment) of a court session with the participation of a 
legal representative (Is) one year. 



A15. 3—9: 

It has been written and sealed, that the transfer of the s/urship (to another per- 
son) by the mistress of the house is carried out by means of a judicial appointment 
(= at the designation of the court — A. P.). 

A15. 9— 11: 

A thief who participates in a trial ("is present in court") as one of the litigating 
parties, as well as a malicious man, and a false-witness, and a preacher of false doc- 
trine (heresy), and a man who binds (= impedes) the officer of order (?), and he who 
does not give help; and a stur who scorns his obligations (lit: "a breaker of 
jfwrship"), and he who buries corpses, and he who cremates corpses must be arrested 
("bound"). 

A15. 11—12: 

As regards a sorcerer, if he does not declare about distinctive signs, a document 
should not be drawn up, but if it has been drawn up (it should) not be flawed [or: "it 
should not wrong (the man)" — A. P.], { 

A15, 12—15: 

A mistress of the house is not entitled to convey the ^riirship (laid upon her — 
A. P.) to the one less suited (/. e.. to a more distant agnate — A, P.), and (in this 
matter) action should be taken in the judicial procedure in the same way as was stated 
by the commentators of the Avesta. Some presented themselves before Dat-Farraxv, 
the (h)andarzpat of the Magi (concerning) the possibility) of transferring (the 
•rti/rship) to a less suitable person, but he did not alter (the regulation given — A. P.). 

A15, 15—17: 

The neck hoop and earrings of a sorcerer who has a bad reputation among the 
neighbouring persons should be left until he has been subjected to an ordeal as re- 
gards his committing of evil deeds, or (until) he (has been) acquitted (during a normal 
judicial investigation — A. P.). If he has broken the hoop or one of the earrings, then 
he must be held subject to trial by ordeal. 

A15, 17—16, 5: 

As it is written in one place, according to the norms adopted by the courts that 
the costs for the drawing up of a document correspond to (the value of the disputed) 
thing (in the proportion of) 2 drahms (for each) 9 (drahms). (But) in (another) place it 
is said, that 3 (drahms of costs) (are calculated) on every 10 drahms (of the value of 
the thing), and at (a trial on) a capital charge (the costs are) 95 (drahms). And if the 
trial (is being conducted) regarding (a thing) which (costs) much more, even then, 
(the costs of drawing up the documents) in a capital charge do not exceed 95 
(drahms). As regards the (disputed) thing, it is known, that if (its value) does not ex- 
ceed 18 (drahms), (then) 2 (drahms out of those which are) indispensable, according 
to judicial regulations, to cover the drawing up of the documents, arc paid by the Fire- 
(lemples) and (subsequently) claimed from the plaintiffs or ("and") the respondents. 



275 



MUD: TEXT 



A 16, 5 — (}. 

Ka vicirkart c-var (6) ul vizutan/nizQtan varomand pursisn-namak oh kuncnd. 

LI 

A16,7— 8: 

Dar I datastan e(v)-£and I evac ra5 pat (8 J namcist apayct nikcrilan *. 

A16.8— 11: 

Ka gopet ku en ataxs" hamak hac frazandan I (9) man mart-e(v) I pahlom hep 
daret hamak an I hast an I pahlom darisn. Ut ka gopet (10) ku hac" frazandan I man 
hamak mart-e(v) I pahlom hep" daret hac" frazandan andai an e hast an I (1 1) pahlom 
guft bavet. 

A16, 11—14: 

Ka go pet ku frazand ut apyitak I Farraxv pat asapar-nipek (12) ma hep avartend 
an I frazand in afiyatak riio" guft bavet I andai an e ka gopet hasf (13) ut ka gojiet ku 
Farraxv frazand ut apyatak pat asapar-nipek ma hep avartend (14) an I andar an e 
hast ut ar>ic I pas hac an ra5 guft bavet. 

A16, 14—17,1: 

Vahram ha£ Pusanveh I (15) Azatmartan be guft ku Dat-Farraxv I Kgrakan ra5 
framan but ku-5 (frazandan? — A. P.) pat asapar-(16)nipek ma hep avartend u-san 
diplrih oyon virast ku frazand ut aPyatak I Dat-Farraxv (17) ut Dat-Farraxv NA'ahisn 
kart ku oyon nipeset ku Dat-Farraxv frazand ut apyatak pat (1) asapar-nipek [rn]a hep 
avartend. ' 

A17. 1 — \: 



Ka gopet ku-m en xvastak pat sturih I (2) man dastan ta 10 sal 6 Farraxv dat pas- 
ic hac 10 sal pat sturih estet. (3) Ka gopet ku-m ta 10 sal pat sturih I man dastan 6 
Farraxv dat pas hat (4) 10 sal ne pat sturih estet. 



* The (abjad) ordinal-number of this chapter is 51. 



276 



TRANSLATION 



A16, 5—6: 

If the document (presented? — A. P.) is trustworthy whereas the fact of causing 
an injury (?) is dubious, a record of the interrogation (or: "of the judicial enquiry") is 
drawn up. 



LI 

A16, 7— S: 

Chapter concerning certain judicial cases in which attention should be paid to 
the particular ways in which statements ("declarations") are formulated*. 

A16, 8— 11: 

If he declares (thus): "out of all my sons, let the best (= the best behaved, the 
most pious — A. P.) possess (= carry out the trusteeship over) this Fire", then (the 
one who) possesses (exercises the trusteeship over) it must be the best of all the sons 
whom he had. But if he makes the declaration (in this manner): "let the best of my 
sons (= those whom I have — A. P.) possess (become trustee)", then the best among 
the sons whom he had at that time is intended. 

A16, 11—14: 

If he makes a declaration (thus): "let them not enter (lit.: 'not seal', 'not affix a 
seal') the sons and descendants of Farraxv in the List of Horsemen", then what is in- 
tended (are) those sons and descendants whom (Farraxv) had at the time that he made 
(this) declaration. But if he declares (thus): "let them not enter Farraxv's sons and de- 
scendants in the List of Horsemen", what is intended ("said") are both (the sons and 
grandsons of Farraxv) whom (he) had at that time (= at the time of the given declara- 
tion : — -A. P.) and those who (will be /were) subsequently (born to Farraxv). 

A16, 1-1 — 17, 1: 

Vahrarn has said from the words of Pusanveh I AzaUnanan, that there was a dis- 
position regarding (the sons) of Dat-Farraxv i KSrakan: that his (sons) should not be 
entered (lit. "sealed") in the List of Horsemen but the scribe formulated ("arranged") 
it (in the document) in this manner: "the sons and descendants of Dat-Farraxv". But 
Dat-Farraxv demanded that (the scribe) write down this: "let Dat-Farraxv's sons and 
descendants not be entered into the List of Horsemen". 



All, 1 — k 

If he makes a declaration (in this fashion): "until ten years (are over — A. P.) I 
conveyed this thing — as a possession instituted for my jrurship — to Farraxv", then 
(this thing) shall remain a ^/--foundation even after the passage of ten years. But if 
he makes the declaration (in this fashion): "I have conveyed (this thing) to Farraxv so 
that it be possessed for ten years as a foundation instituted for my .jfurship", then at 
the end often years (this thing) ceases to be a .v/ur-posscssion (= foundation). 



277 



HUD: TEXT 



A17.4— 7: 

Ka gofict ku man nc palkarom ut 67611 kunom (5) ku pat-it dnsUipnnh 1 nmn kas 
nc palkarct ul hakar >iJttar kunom la van dahom (6) be ka 67611 £17611 pnlknrcl ul 
paylak ku-5 an kc paiman kart pal-is daslapar (7) hamdaiastan bill cnya Invan lozisn 
nc rasct. 

A17, 7— 11: 

Ka gopel (8) ku man ne palkarom ul 67on kunom ku kas pat-ic dnsl.'iparih 1 man 
nc patkaret ul hakar (9) yuttar kunom tavan dahom be ka 676a ci7on palkarcl ul 
paylak ku-s: an ke (10) patman kart pat-is dastaPar hamdaiastan bul enva la van lozisn 
ne(ll)raset. 

A17, 11—13: 

Ul ka gofiet ku man ne palkarom ut 6/yon kunom ku kas pal-ic* (12) dastaparih ) 
man ne patkaret ut hakar yuttar kunom tavan dahom ka-c ne pal (13) dastaparih I 6) 
(i) patkarend a5ak-i£ tavan 6 tozisn raset. 

A17, 13—16: 

Ka gopet (14) ku en xvastak ta + man (ut) to zfvandak hem akanen darcm ka eval 
miret 6y I dit (15) ne dariSn. Ut ka gojiet ku man ut to la zlvandak hem akanen daren 
ut ka evak (16) iruret a5ak-ic 6y I dit zlvandak dasian dastaPariha. 

A17, 16 — 18,2: 

Ka 6 Mihren gopet (17) ku en xvastak pat srurih ayap pat xveslh to dar Mihre 
pal sturih (1) ut xveslh evak I-s kamel dasian dastapariha ui ka gopel ku[-m pa' 
sturih (2) ayap pal xveslh 6 to dat pat srurih oat bavel. 

* 

A18, 2— 7: 



Ka dastkart (3) 6 pusak dat ut kart ku hakar pusak pat en ansahrik patkaret I 
dasikan (4) pusak xves ma hep' bavet ci7on Vayayar nipist andar zlvandakah I pust 
(5) harnak xvastak aframan ut ka 67on kan ku hakar patkaret dastkari I-m 6 (6) pus; 
dat pusak xves ma hep bavet hat an ci76n-i> dat pat dahisn apac (7) kan U3 patkar 
xvastak xvap cstei. 



TRANSLATION 



All, A — 7: 

If he makes (this) declaration: "I shall not bring suit, and I shall arrange that no 
one brings suit on my instruction and empowering either, and if I act otherwise I shall 
pay the fine", then — except (for the case) where he brings suit and it is known that 
the person who made (this) contract gave him (his) sanction and consent for it — he 
should not be obliged to pay the fine (cf. infra. All, 7—11; 11— 13 .—A. P.). 

A17, 7— 11: 

If he makes a declaration (in this fashion): "I shall not bring suit and I shall ar- 
range that no one brings suit on my instruction and empowering either, and if I act 
otherwise. I shall pay the fine"; then — except (for the case) where he brings suit and 
it is known that the person who made (this) contract gave him (his) sanction and con- 
sent for it — he should not be obliged to pay the fine. 

A17, 11—13: 

If he declares (this): "I shall not bring suit and I shall arrange that no one shall 
bring suit, not even on my instruction and empowering, and if I act otherwise I shall 
pay the fine", then — even if they bring suit without the instruction and empowering 
of the declarer ("him") — they should be obliged to pay the firne {cf, supra All, A — ■ 
7; 7 — 11 — .4. P.)- 

A17, 13—16: 

If he makes a declaration (in this fashion): "while we are both ("yon and I") alive 
we shall possess this thing jointly", then in the case of the death of one (of them), the 
other shall not possess (it). But if he declares this: "while we are alive, you and I shall 
possess jointly", and if one (of them) dies, then the other is entitled to possess (it) as 
long as he lives. 

A17, 16—18, 2: 

If he declared (this) to Mihren: "possess this thing on the basis of a stur- 
possession or as your personal inheritance-share!' 1 , then Mihren is entitled to > possess 
(this thing) on the basis of a .rti/r-foundation or as his share of the estate according (to 
one of these two titles), whichever one he selects ("wishes"). But if he formulates 
thus: "I have given (it) to you for the sturship or as a personal share of the estate", 
then (the thing) is conveyed on the basis of a •y/ur-possession. 

A18, 2— 7: 

If he conveyed a dastkart to his son and declared (thus): "If (my) son should 
bring suit concerning this slave, let this dastkart not belong to (my) son"; then, as has 
been written by Vayayar, during the son's life his title to the whole (thing, /. e.., the 
dastkart and the slave — A. P.) is not valid (= the transfer cannot legally go into ef- 
fect — A. P.). But if he formulates it (thus): "if he (= the son) brings suit, then let the 
dastkart which I conveyed to (my son) not belong to my son", then — inasmuch as he 
conveyed on the condition ("through, by means") of the withdrawal of the gift, (if the 
son does not fulfil the condition set — A. P.) — until the time when the son brings 
suit, his title to (this) thing is valid. 



279 



MUD: TEXT 



A18, 7—12: 

Ka kart ku-m en xvastak (8) pas ha£ 10 sal 6 pus dat ut xvastak <i) I-m 6 pus dfii 
hakar pus duxt I man pat (9) zanlh gircl pus xvcS hefi bavct pas hac 10 sal ut hakar 
duxt pat zanlh gircl (10) peS-ic hac 10 sal dat bavct ut ka cryon go [lei ku pas \u£ 1 
sal 6 pus (11) dat ut hakar pus duxt pat zanlh gircl pus xves" hep 1 bavct apac 6 past i 
(12) pas estat ut hakar duxt pat zanlh ne girct pas-ic hac 10 sal nc xveS. 



A18, 12—15: 

Ka (13) mah Atur ut roc Ohrmizd kunet ku-t andar cl mahak I nazdist + harv ro£ 
1 drahm dahom (14) 30 drahm dahiSn. Ut hakar gofiel ku-t la ev mah I nazdisL 
bavandak bavet harv rdc ev (15) drahm dahom 3 1 drahm dahisn. 



A18, 15—19,2: 

Ka goflet ku hakar pat muhr I ratan ayap pat muhr 1(16) magupatan namak nc 
darom xvastak to xvel be" ka pat harv 2 namak daret enya (17) xvastak be raset. Ut 
ka gofiet ku hakar pat muhr I ratan ayap magupatan namak (1) ne ap^arom] xvastak; 
(ha£) to xveS ka pat muhr I evak namak aflaret Vahram (2) guft ku xvastak ne raset. 



Ka go^et ku hakar pus I man pat asaflar ayap (3) pat nipek ne Ivartend xvastak 
to xveS be ka nan - 2 Ivartend enya xvastak (4) be raset. "Ut hakar gopet ku hakar pus I 
man pat asapar ayap nipek ne Ivartend (5) xvastak to xves ka pus evak asaflar (ayapl 
evak pal nipek a\ist Vahram guft ku (6) xvastak ne raset. 

A19, 6— 9: '. 



Ka gofSet ku varzltan I an var ra8 pat muhr (I Fairaxv ayap pat muhr) I Gusnasp 
I (6) Aturfarnbay pus namak stanom Farraxv pat pusaklh I Arurfamba'y ne guft bavel - 
(7) Ka gopet ku pat nmhr I Farrow ayap Gusnasp I Aturfarnbay pus namak sianom 
(9) harv 2 pat puslh I Aturfarnbay guft bavel. 



280 



TRANSLATION 



A18, 7— 12: 

If he declares (this): "I have conveyed this thing to my son after the passage of 
ten years, and let the thing- 1 conveyed to my son belong to my son in the case that 
(my) son marries my daughter", then, after the passage of ten years, (the thing) must 
be transferred (to the son); but if he marries the daughter (= his sister) (before that 
ume — A. P.), then (it should be transferred even) before the passage of ten years. 
And if he declares (thus): "after the passage of ten years (this thing) is conveyed to 
(my) son, and if (my) son marries (my) daugher, let (it) belong to my son", then one 
(should) keep the last condition of the agreement ("the last stipulation"), and if the 
son does not marry the daughter (= his sister), then even after the passing of ten years 
(the thing) shall not belong (to him). 

A18, 12—15: 

If in the month Atur on the day Ohrmizd he declares in this manner: "in the 
course of this next month, I shall daily give you one drahm", then he must give 30 
drahms. But if he declares (this, in this manner): "until one, the nearest, month 
elapses, I shall daily give one drahm", then he must give 3 1 drahms. 

A18, 15—19 ,2: 

If he makes a declaration (in this fashion): "If I do not have a document with the 
seal of a rat {"rats"), or with the seal of a magupat ("magupats"), the (this) thing be- 
longs to you"; then the thing shall go to (that man) only if he (= declarer) does not 
have a document (sealed) with the one and the other (= both) seal. But if he declares 
(this): "if I do not bring a letter with the seal of a rat or magupat, the thing belongs to 
you", then Vahram has said that if he brings a letter with one seal, the thing shall not 
go to (that other man). 

A19, 2—6: 

If he declares: "In case they do not enter ("seal") my son among the 'Horsemen', 
or into the ''List', (this) thing shall belong to you", then the thing shall go ftp that 
man) — except for the case when (his son) is included in the one and the other ("in 
both"). And if he declares (thus): "if they do not enter my son (either) among the 
'Horsemen' or into the 'List' (this) thing shall belong to you", then, Vahram has said 
that the thing shall not go (to that man) if the son is entered only among the 
"Horsemen", or only into the 'List' [77], 

A19, 6—9: 

If he formulates his declaration (in this manner): "I shall receive a letter (= a 
document) concerning the performance of this ordeal /the taking of this oath sealed 
with FarraxVs seal, or sealed with the seal of GuSnasp son of AturfarnbaY", then it 
does not follow from this ("it is not said") that Farraxv is the son of Aturfarnbay. But 
if he declares (this): "I shall receive a letter (= document) sealed with the seal of Far- 
ra.w or Gusnasp the son(s) of AturfarnbaY", then it follows from this that both of 
them are sons of ("in sonship to") Aturfarnbay. 



281 



MUD: TEXT 



All), 9 — 13: 

Ka goficl ku xvaslak I 6 man (10) mat an i Farraxv ayap Mihrcn go[ict to wcS. 
Ut Mihrcn gav 1 ut Farraxv xar 1 goficL harv (1 1) 2 be rasct ut ka pal cv hangam ut 
ka-£ pes ut pas goflend yultar nest, (12) Ut ka gofict ku an I Farraxv ayap an (I) Mi- 
hrcn go(lct to xves ka harv 2 gofiend cvak (13) rasct I rat kamak. 



A19, 13—16: 

Gyak-e nipist ku ka gofict (ku) hakar rot Ohrmizd 6 Kuvar (14) ut Xabr xic 
savom drahm 30 be dahom ka 6 Kuvar ayap Xabr sut 30 ne dahisn. (15) Ut ka go[3ct 
ku hakar 6 Kuvar ayap 6 Xabr ne Savom drahm 30 be dahom be hakar (16) 6 harv- 2 
gyak savet enya-5 30 (Ms.: 12) be dahisn. 

A19, 16—20, 1: 

Ka Farrax-v apak Mihren pauman (17) kunet ku hakar 6 Kuvar savom enya 
drahm 12 be dahom pat sut Farraxv paytakenisn. (1 ) Ut ka gofiet ku [hakar] ne savom 
drahm 12 be dahom pat ne sut Mihren paytakenisn. 

A20, 2— 5: 

Ka Fairax\' apak Mihren patman kunet ku hakar 6 Kuvar savom enya drahm 1 2 
be (3) dahom ka Mihren gopet ku be Sav ayap drahm be dah ne patixsay be ka <4) 
savet ayap drahm dahet. Ut ka gop*et ku hakar ne savom drahm 12 be dahom (5) 
patixsay patlranenitan. 

A20 r 5— S: 

Ut ka go|Jet ku Apzutxvatay ciyon vohu.(t)baes(ah)- (6) islet (? Ms.i YD 1 1€-> r^ = 
■HWYTNyt) kartan i5 xves pat gyak dat bavet. Ce-s daxsak guft. Ut ka (7) so [Set ku 
Ciyon pumay bavet to xves ta pumay bavet ne raset ce-£ (S) hangam guft. 



282 



TRANSLATION 



A19, 9— 13: 

If he declares (this): "whatever Farraxv or Mihren name among the things re- 
ceived by me shall belong to you". And if Mihren names a cow, whereas Farraxv 
names a donkey; then the one and the other ("both'') shall go (to that person) — and 
it does not matter whether they designate (them) simultaneously or one earlier and the 
other later. But if he declares (this): "whatever Farraxv names, or else whatever Mi- 
hren names shall belong to you", then even if both designate (their choice), one (of 
the things named by them) shall go (to that person), (specifically) the one which the 
donor wishes prefers). 

A19 ; 13—16: 

In one place it is written, that if he declares (this): "if 1 do not depart to Kuvar 
and (= or) Xabr on the day Ohrmizd, I shall give thirty drahms", then if he departed 
to Kuvar or to Xabr, he is not obliged to pay thirty drahms. But if he formulates (his 
declaration thus): "if I do not depart either to Kuvar or to Xabr, I shall give thirty 
drahms", then unless he goes to both places, he shall, in either case, be obliged to pay 
( u give") thirty (drahms), 

A19, 16—20, 1: 

If Farraxv concludes (such an) agreement with Mihren: "either I shall go to 
Kuvar, or (= in the opposite case — A P.) I shall give you twelve drahms", then Far- 
raxv must make a public declaration regarding (his) departure. But if he formulates 
(his agreement with Mihren in the following manner): "if I do not depart, I shall give 
twelve drahms", then Mihren must make a public declaration that (his contractor 
= Farraxv) did not depart. 

A20, 2 — 5: 

If Farraxv and Mihren conclude (the following) agreement: "either I shall go to 
Kuvar or I shall pay ('give') twelve drahms", and if Mihren declares*, "depart or else 
pay the money!", then Farraxv is not entitled (to act) otherwise than to depart (to 
Kuvar) or to pay the money. But if he (= Farraxv declares (this): "if I do not depart, I 
shall pay twelve drahms", then he is entitled to delay (his departure or the payment of 
the money ? — -A. P.). 

A2D, 5—8: 

If he declares: "inasmuch as (the slave — A. P.) A(izutxvatay has committed a 
hostile act against Zoroastrianism, (the slave) shall belong to you", then (the slave) is 
handed over at once, because he (= the declarer) designated ("spoke") the sign (= the 
particular circumstance). But if he makes (this) declaration: "when (the slave) comes 
of age, (he) shall belong to you", then until the slave comes of age (the slave) shall 
not go (to that person), since he (= the declarer) mentioned the time (when the trans- 
fer would become effective — A. P.). 



283 



MUD: TEXT 



A20, » — 1 1: 

Ka gopet ku xvastak I man xvcs frac ha£ man frazand I 16 pat (9) znnlh i man 
haE-is zayet xvcl an-ic frazand J zlvandak katak-xvatay pas hac an zayct (10) xvcs ui 
ka gopet leu fra£ hac man frazand I to pal zanlh I man ha£-i£ zayct xvcs (11) frazand 
an guft bavet I andar an dutak zayet. 

A20, 11—15: 

Ka gopet ku en dastkart (12) raz zlvandakan Mihren nem ut vitart Mihren aparik 
6 Farraxv dat a oak-is zamik (13) fratom ne dat bavet ut ka gopet ku en dastkart 
zivandakan Mihren raz (14) abaxt nem 6 Pusak ut vitart Mihren aparik 6 Farraxv dat 
a5ak-is raz nem ut zamik (15) hamaSven 6 Farraxv dat bavet. 

A20, 15—22, 1: 

Ka gopet ku-m en xvastak oyon ciyon-im (16) 6 pus xvastak dat 6 duxt dat yuttar 
•bavet ciyon ka goPet ku-m en (17) xvastak ciyon-im 6 pus xvastak dat 6 duxt dat (ni) 
yuttar bavet ciyon ka (1) gopet ku-m en xvastak ciyon-im 6 pusaran xvastak dat o 
duxt dat pa[t] (2) en cim eton ce ka dat cry on ciyon apar be gopet u-s xvastak ast-eCO 
pat (3) xvesihut ast-e(v) pat sturih ut ast-e(v) pat ruvan dastan ayap ast-e(v) ta xvat 
:ast-e(v) (4) ta pus zlvajidak ast-e(v) frac hac xves 6 pus dat estet a5ak-i5 3 a5venak ixt 
harv aSvenak (5) et + rast guft bavet ku dat ut ka dat oyon apar be gopet a5ak-is ha- 
maSven (6) pat xveslh dat raS en-ic saxvan pat-is ku et (et) guft bavet ku-m 6 duxt (T ) 
[xv]astak a5ak dat ka-m 6 pus dat ui ka dat oyon apar ne ut pusaran apar (6) be go pet 
u-s pus evak but saxvan pat-is ku dat ne bavet ce an hangam ne but. (9) Ut ka pus 2 
but u-s evak xvastak sal evak dat evak sal 2 (10) dat a5ak-is saxvan pat-is ku-s a8ak 
guft bavet oyon apar ne ut pus apar (11) gopet ne pusaran'" u-s pus 2 but evak xvastak 
sal evak ut evak sal 2 dat (12) a oak-is" ...saxvan pat-is a5ak guft bavet ku-m dat ka-s 
fratom xvastak (13) dat ut ka dat oyon pusaran harv 2 apar be gopet u-s pus freh tcu 
evak (14) ne but nem dat ut nem adahisnih guft bavet yuttar nest ciyon ka gopet (13) 



284 



TRANSLATION 



A20, 8— 11; 

If he makes a declaration (in this fashion): "the thing belonging to me shall be- 
long after my death to the child who will be born to you in (your) marriage to me", 
then (this thing) shall likewise belong to a child born after this (= after this declara- 
tion — A. P.) within the lifetime of the head of household. But if he declares (this): 
"(it) shall belong to the child born to you after my death from your marriage to me", 
then the child who will be born into this family is intended (= the stunh son and suc- 
cessor of the dead man bora to his wife in a caAiar-marriage with his agnate —.4. P.). 

A20, 11—15: 

If he declares this: "the vineyard of this dastkart is half conveyed to Farraxv in 
Mihren's lifetime, and (all) the rest (is conveyed to him) after Mihren's death"', then 
the land is not conveyed in the first case. But if he declares (this): "the vineyard of 
this dastkart is half conveyed to Pusak, without division, in Mihren's lifetime, and all 
the rest is conveyed to Farraxv after Mihren's death", then in this case, half the vine- 
yard and all the land are conveyed to Farraxv [78], 

A20, 15—22, 1: 

If he declares: "I gave this thing to (my) daughter in the same way as I gave (my) 
estate to (my) son", then (this declaration) differs from (the one) in. which he would 
have declared: "I gave this thing to (my) daughter at the same time as I gave (my) 
estate to (my) son", (and it( differs from (the one) in which he would have declared: 
"I gave this thing to (my) daughter at the same time as I gave (my) estate to (ray) 
sons". And the reason for this is that when he declares regarding the transfer (that it 
is) "in the same way as", and the estate is conveyed to (his) son: partly as an inheri- 
tance-share, and partly as a jriJr-possession (= as a jrtfr-foundation), or partly "for the 
soul" (= as a pious-foundation "for the soul" — ■ A. P.), or else partly while he 
(himself) is alive, partly while the son is alive and partly after his (own) death (= in 
case of his death — A. P.); then in the (these) three varieties and methods it is equally 
said that he "transferred". And if he says; "in the same way' as regards the transfer of 
the thing (without specifying the character of the real right transferred — A. P.), then 
(what is intended is) his transfer (of the thing) in the same way /altogether a*s, a per- 
sonal inheritance-share. And likewise (in the case of) the declaration ("word") regard- 
ing this (also), specifically, when the following declaration takes place: "I transferred 
the thing to (my) daughter at the same time as I transferred (an estate) to my son". 
But if he speaks (= declares) not about the variety ("in what way") of the transfer but 
about "the sons", and he has only one son; then his declaration ("word") (is reduced) 
lo the fact that the transfer is invalid ("does not take place"), because he has no other 
sons at the time. But if there were two sons, and if he transferred the estate (* ; the 
thing") (in alternate possession) for one year to one and for the second year to the 
other; then here too what was said regarded the fact that (the thing was transferred to 
the daughter — A. P.): "at the (same) time as" (= simultaneously with the conveyance 
to the sons — A. P.), and not: in what way. And if he speaks of "a son" and not of 
"sons", but he has two sons, and he transferred (the estate) "for one year to the one 
and for the second year to the other"; then the declaration ("word") he makes regards 
(the fact that) (the thing is to be transferred to the daughter — A. P.) "at the same 
time" (specifically): "I transferred (the thing to my daughter — A. P.) at the time that 



285 



MUD: TliXT 



ku byon ciyon-im 6 pit ul mat xvaslnk dat 6 to dat u-s xvastak 6 mfil* nc (](>) be' 6 pit 
dill cslcl. Ul ka go pet ku-m (Elyon-im) en xvfislnk b'/bn Ciybn-im (17J 6 Mihrcn 
xvaslak dal 6 duxl dal u-£ 6 Mihrcn xvaslak nc dal (1) cslcl dal nc bavet. 



A22, 1—17: 

Ka xvastak 1 I namEist ra5 gopet ku ta nun 6 (2) man dal apayitan I Mihren ra5 
Mihrcn nc palkarom pal dal I Mihrcn la-iE (3) an hangam apar patkartan patixsay. Ul 
ka xvastak ayap ani Eis I Mihrcn patmln (4) karl ku be (ku) dahom ra5 kart ku ta nun 
6 man dal apayilan I Mihrcn rao (5) nc palkarom a5ak-is an xvastak ut Eis pat dal i 
Mihren apar ne palkarisn (6) ul pat en Eim oyon apar xvastak 1-5 Mihren pal namEist 
avi-s dal hakurE (7) (aSven) ne but ku + -s Mihren avi-5 dal apayist he ut an I-s patman 
karl ku (8) be dahom ta dahet hamev dal apayet ut ka xvastak I namEist ra5 gbfiei (9) 
ku ta nun 6 man frbxt ut dat aSven but (I) Mihren ra5 ne palkarom yuttar bav[et] (10) 
(ut) Eiybn ka gb[iet ku ta nun 6 man froxt ut dat patixsay but I Mihren ra5 ne (11) 
patkarom ut pat en Eim cryon Ee en but ne sayet ku ka go^et ku-m (12) en xvastak 
aSven b to froxt ayap to dat a5ak-is el guft bavet ku (13) patixsay horn 5 to froxt ut dat 
u-s pat an advenak I gofiet froxt ut dat (14) ne apayeh ut xvastak I frosend ut dahend 
andar by ke avi-s frosend ut dahend pes (15) hat an ul andar-iE an e ka froSend ul 
dahend Eis-iE I a^-s frosend ut dahend ut aSven (16) but nest ut ka froxt ut dat ne 
froxt ut dal aSven but be xvat (17) froxt (ut) dat bavet. 

A22, 17—23,6: 

Ka gofiet ku-m ta retak purmay bavet ayap gofiet (1) ku-m ta retak apurnay en 
Eis 6 to dat harv 2 ev aSvenak. Ut ka gbpet ku ta retak (2) apurnay en Eis 6 to dahom 
yuttar bavet Eiyon ka gofiet ku ta retak purnay (3) bavel en Eis 6 to dal Ee ka goflel ku 
ta retak apurnay en Eis (4) b to dahom a5ak-is pat gyak be dahisn u-s hangam ta retak 
purnay bavet (5) xves u-s pas ne xves ut ka gofiet ku ta retak purnay bqvet 6 id dahom 
(6) a5ak-is pes haE pumayih I retak be dahisn u-s hamaSven xves. 



2SG 



TRANSLATION 



I transferred the estate to (my) first (son)". But if he makes a declaration regarding 
the conveyance (of the thing to the daughter) in the same fashion (= on the same ba- 
sis, with the same title — A. P.) as to both sons, but he has only one son; then this is 
to be understood as the conveyance of one half (to the daughter) and the non- 
conveyance of the other half (of the thing) in exactly the same way as though, he had 
declared: "I have conveyed (this thing) to you in the same way as I conveyed (my) 
estate to (my) father and mother*, but he conveyed the estate only to the father and 
not to the mother. And if he declares: "I have conveyed this thing to (my) daughter in 
the same way as I conveyed a thing to Mihren' 1 , and he has conveyed nothing to Mi- 
hren. then the transfer (of the thing to the daughter) is null and void. 

A22. 1—17; 

If he declares (the following) regarding a certain thing: "I shall not bring suit 
that Mihren was obliged to convey (it) to me before the present time (/. e.. regarding 
Mihren's obligation to convey the thing before the present time — A. P.y\ then he is 
entitled to bring suit over (the thing) which Mihren had (already) conveyed (to him) 
before that time (/. e.. before the declaration was made — A. P.), And if he de- 
clares — regarding money or another thing, about which Mihren had contracted with 
him: "I shall convey (it to you)" — "I shall not bring suit over Mihren's obligation to 
convey (it) to me before the present day"; then he must not bring suit over the transfer 
of this money or thing by Mihren And the reason for this is that regarding the thing 
which Mihren conveyed (= declared the conveyance — A. P.) to him in a certain way 
no agreement was made (with the stipulation) that Mihren was to have conveyed it al- 
ready and since he (= Mihren) made this (the following) contract: "I shall convey"; 
then as long as he has not made the transfer he remains obliged to make (it). And if 
he has declared (the following) regarding a certain thing: "I shall not bring suit re- 
garding (the fact that) Mihren has obliged himself to sell and convey (it) to me before 
the present time", then this declaration differs from another, (specifically from the 
one) in which he declares: "I shall not bring suit regarding (the fact) that until the 
present time Mihren was entitled to sell and convey (it) to me 7 '. And the reason for it 
is that this (= the sale, transfer) did not obligatorily have to take place, (since) if he 
declares: ;i it befits me to sell and convey this thing to you", he has thereby said: "I am 
entitled to sell and convey (it) to you", and the form of his declaration would not 
oblige him to sell and convey it. And as to the thing which people sell and convey, 
those who sell and convey it are not obliged to sell (or convey) anything of what they 
are selling and conveying to that person — either before or at the time of the sale and 
transfer. And if they have sold and transferred (it), this does not mean that it befitted 
them to sell and transfer, but (merely) that they themselves (/. e.. at their own initia- 
tive —A. P.) sold and conveyed (it). 

A22, 17—23, 6: 

And if he makes the declaration: "until the boy comes of age. I — ", or if he 
formulates it (this): "'while the boy is a minor, I have conveyed this thing to you"; 
then in both these cases (the declaration formulae) are equivalent. But if he declares 
(this): "while the boy is a minor, I shall convey this thing to you", then (this declara- 
tion) differs (from the other, specifically) (it is as though) he had declared (this): "I 
shall convey this thing to you before the boy comes of age". Since if he says: "whilst 
the boy is a minor, 1 shall convey this thing to you", he must convey it at once, and it 
shall belong (to that person) until the boy comes of age, but after (that), (it) will not. 
And if he declares: "before the boy comes of age, I shall convey (it) to you", then in 
this case, he must convey (the thing) before the boy comes of age and it shall belong 
altogether to that man. 



MUD: TEXT 



A23.6— !0: 

Ka gofJel (7) ku la sa! I nazdisl bavandak bavet vnr vnr/.om yuiiar bavcl tiyon ka 
gofict ku hangam (8) la cv + sal (I) nazdisl bavandak bavet var varzom cc ka gopct ku 
ta cv + sal var varzom ka (9) pes hac sa! var varzcf Sayct ul ka gopct ku hangam la sal 
I nazdisl bavandak bayet (10) var varzom hangam kar hamsalaklh bavet u-s pas (hac) 
ham salak var varziian patigrift (ne) bavcl. 



A23, 11—15: 

Ka gopet ku ta et sal en Ul by on kunom hakar £is hac an I ka-s et (12) apar nc 
gofiet a5ak-is. hamak apayet kart m andar ev sal hamak oh kunisn. Ut hakar cis (1 3) 
hac" an l ka-S el sal apar ne gofiet a5ak-is ev yavar kunisn andar-ic ev sal ev yavar ( 1 4) 
kunisn ciyon ka gopet ku vax varzom u-s ev yavar varzisn ayap gopel ku kar I (35) to 
kunom u-s hamak oh kunisn. 



A23, 15—17; 

Ka go^el ku en xvastak nem hakar Zanbut (16) frazand zayet aparik hakar 
Zanbut frazand ne zayet to xveS la frazand zayel (17) ayap paytak bavet ku frazand ne 
.zayet xvastak aframan estet. 



A23, 17—24, 9: 

■ Ka (1) gopel ku en xvastak ka man ut pus I patixSayiha ul el ce Sakariha hast pus 
I (2) man pat an aSvenak hasi ul ka man pus I patixsayiha ui et £e cakariha nest Far- 
raw (3) xves hep bavel pus I patixsayiha ui et ee cakariha hast eton bavet ciyon (4) ka 
gopet ku ka man pus I patixsayiha enya cakariha (hasl) pas (hac man)? pus i man pat 
an aSvenak (5) xves hep bavet. Ut ka patixsayiha hast ut cakar nest pal an patman 6 
pus ne raset. (6) Ka goPet ku (ka) man pus I patixsayiha ui et ce cakariha nest ayap 
gopet ku ka (7) pus J patixsayiha ayap cakariha nest ui ka-c kunet ku ka man pus I 
patixsayiha (S) ut cakariha nest Farraw xves hep bavet harv 3 T (Md.: 2) aSvenak (ev) 
bavet. Ut ka patixsayiha (hast) hakar cakar (9) nest xvastak 6 Farraw nc raset. 



TRANSLATION 



A23, 6—10: 

If he declares: "I shall take an oath (or 'undergo the ordeal'), before the nearest 
(= first) year elapses", then (this declaration) differs (from the one in which) he de- 
clares (this): "I shall take an oath when one, the nearest, year elapses" (from the time 
of this declaration — A. P.). Because if he declares: "I shall take an oath before one 
year has elapsed", then he may take the oath before one year (/. e,. after the end of the 
given calendar year — .4. P.). But if he declares: "•' I shall take an oath when the near- 
est year elapses", then the time question is reduced to the same year (= the calendar 
year in which the declaration was made — .4. P.) and in such a case, his talcing of the 
oath after that year may (not) be admitted. 

A23, 11—15: 

If he declares: "in the course of this /year, I shall cany out this matter ('thing') 
in this way 1 , and if he is speaking of a matter regarding which he does not say "this" 
(/. e.. if he is speaking of a matter whose definite limits are not set down in the decla- 
ration — .4. P.), then he must do everything (in full) and he must carry (it) out within 
one year. But if he is speaking of the type of matter regarding which he does not say: 
"(within) this year', then he must do it all at once (= at one go). And (it) should be 
done within one year and all at once, when (for instance) he declares: "I shall take an 
oath": he shall take it once. Or if he declares: "I shall do your work"; then he must do 
all of it 

A23, 15—17: 

If he declares (this): "half of this thing shall belong to you — if Zanbut bears a 
child, and the rest of it — if Zanbut does not bear a child", then until the time that a 
child is born, the thing remains without assignment (/. e.. the disposition regarding 
this thing cannot go into effect —A. P.). 

A23, 17—24, 9: 

If he declares: "if I have a son from a pdtixsaylh-mairiagQ and a son ("the one 
who") from a caAw'-marriage, (let) this thing (belong) to the sons whom I have in this 
way, but if I have no son from a pdtixsaylh-marriage and no son from a cakar- 
" marriage, let (it) belong to Fanaxv", and if he has a son from a patixsayth-marnagz 
and a son from a coA-ar-marriage, then this is equivalent to his saying: "if I (shall 
have) a son from a patixsaylh-marriage (and) morover, from a caArar-marriage — 
then let (it) belong after (my death) to the son whom I (shall have) in this way". But if 
he has a son from a /jd//'x?dy/7?-marriage, but he has none from a caArar-marriage, 
then according to this condition/agreement, (the thing) shall not go to the son. If he 
declares: "if I have no son from a patixsayih-mnrnage and no son from a cakar- 
marriage", or if he says: "if I have no son from a /?d//xJfoyj77-marriage as well as 
(from) a cakar{ -marriage)", and likewise if he declares (this): "if I have no son from a 
/jd//xi - dy(7i-rnarriage (and equally) from a co/car-marriagc, let (the thing) belong to 
Farraxv", then these three modes (formulae) arc equivalent. But if he has a son from a 
patixsayth-marriagt but no son from a ca/rar-marriage, then the thing does not go to 
Famixv. 



289 



MUD: TEXT 



A24, 9— 14: 

Ka gofict ku xvastak 6 xvcsih I (10) man mat ut cl £c 6 xvcsih i man rasct ul ka-fc 
gofict ku xvastak I tc 6 (11) xvcsih I man mal enya. 6 xvcsih i man rasct harv 2 cv 
aSvcnak bavct cryon (12) ka gofict ku xvastak I 6 xvcsih I man mat ayap 6 xvcsih i 
man rasct ce (13) ka ayap gopcl hast kc palkarisn en ku-5 mat ayap rasct cvak nc (14) 
dahet. 

r A24, 14 — 25, 1: 

Ka Farraxv andar Zanbul kart ku en xvastak hakar to pal zanlh T man frazand 
(15) hac-is zayet hamak ul hakar to pat zanih I man frazand ha£-is (ne) zayet nem ta 
to zlvandak heh (16) to xveS hep bavct xvastak I-m pat an aSvenak patman kart ku ta 
to zivandak heh (17) to xves" hefS bavet frac hac to Mihren xves" Zanbut frazand ne 
zayet an (i) (!) xvastak 6 Mihren ne raset. 

A25, 1—6: 

Ka Farraxv apak Mihren patman kart ku be (2) ka ne vicartan T en xvastak evar 
enya xvastak Mihren xves ka vicartan ul ka-£ (3) ne vicart (ne) evar xvastak Mihren 
xve5 ut ka go [Jet kii be ka ne viCartan ne (4) evar enya xvastak Mihren xves hamev ka 
ne vicartan evar Mihren xves ut ka (5) vicartan evar a5ak-i£ en sayet guftan ku nc 
vicartaji ne evar xvastak 6 Mihren (6) ne raset. 

A25, 6— S: 

Ka kart ku xvastak I 6 man mat be an I be ne dahom aparik (7) Mihren xves Mi- 
hren an i xves (I) be dahet enya an I be ne dahet hac rat (S) be ne raset. 

A.25. S— 11: 

Ka mart xvastak I-san cand sal pat task hac-is (9) paugrift ut sal-sal- task vicartan 
patman kart <ut) apac kart patixsay but ra5 (10) oyon framat nipistan kii be ka an task 
ne vicart enya an xvastak ma (11) start. Ka sal-sal hat task hambun-ic vicart be stat 
ne savet. 



TRANSLATION 



A24, 9—14: 

If lie declares: "a thing which has come into my personal lawful possession 
(= personal inheritance-share — A. P.) and that which will come into my personal 
lawful possession", and likewise if he declares: "'the thing which has come into my 
personal lawful possession or will come into my personal lawful possession"; then 
both these (formulae) are equivalent, (and) as though he declared: "the thing which 
has come into my personal possession or will come into my personal possession". 
And meanwhile [79], if he uses ("speaks") (the word) ''or", there are people who 
argue that he must not convey ("does not convey' 1 ) one of these: (either) the one that 
he received or the one that he will receive. 

A24, 14—25, 1; 

If Farraxv declares (the following) regarding Zanbut: "if you bear a child from 
your marriage with me, let this thing belong to you wholly (= in toto) during your 
lifetime, but if you do not bear a child from your marriage with me, let one half (of it 
belong to you). And let the thing — regarding which I have contracted that it shall go 
to you during your lifetime — belong to Mihren after your death", (and) Zanbut does 
not bear a child. (Then) this thing shall not go to Mihren. 

A25, 1—6: 

If Farraxv made the following agreement with Mihren: "except in the case where 
it is authentically established that the debt (or "this money" — A. P.) has not been 
paid, the thing (= the pledge — A. P.) shall belong to Mihren", then if it is authenti- 
cally established that (the debt) was repaid, as well as if it is (not) established authen- 
tically that (it) was not repaid, the thing (= the pledge) shall belong to Mihren. But if 
he makes the declaration (in this manner): "with the exception of the case where it is 
not authentically established that the debt was not repaid, the thing shall belong to 
Mihren", then (the thing) shall belong to Mihren only if it is authentically established 
that (the debt) was not repaid. But if it is authentically established that (it) has been 
repaid, even then it might be said that it was not authentically established that (the 
debt) was not repaid, and the thing does not go to Mihren 



A25,6— 8: 

If he declared (this): "except for that which I shall not convey (= except for what 
is not mentioned in the subsequent declaration of transfer — A. P.), (let) everything 
else from the estate that passed to me belong to Mihren", then only that which he 
conveys shall belong ("belongs") to Mihren, whereas (the portion of the estate) which 
he does not convey shall not go to him (= Mihren) from the giver (= relinquisher). 

A25, S— 11: 

If it was ordered to write this down — regarding the right of a man to take away 
(= exact, take back) a thing which they received from him on lease for several years 
and made an agreement regarding the yearly payment of the lease: "do not take away 
this thing except for the case where the lease is not paid!", then if even a very small 
portion of the lease is paid yearly, he should not take (this thing) away. 



MUD: TEXT 



A25, 12—14: 

Ka Farraxv kart ku xvastak I kas 6 man tozisn (ut) dahiSn be an i ha£ 500 { 1 3 J ui 
cC £c ha£ 100 freh aparlk to xvcS (u-s an) aoak-is an kc ha£ K)0 nc frch (14) dat 
aparlk cis-i£ ne dat bavcL 



Ln 

A25, 15: 

Dar f evarih I kardaran *. 

A25, 16—26, 11: 

DataPar pat £e ut tand ut tiybn ut £e aSvenak xveslh ut vikay patigrift ut 

hamsmarih (17) kart ut zaman kart (ut zaman kart) ut ajMirt ut dast ut pat ut ne pat ut 

kar raoenlt (1) ut kar ne.raBenlt ut ha£asmand ut £ak patisay datastan anavlhlt ut 

mihan but ut mii3d.pait~im (2) ut vastaklh ut aparlk vinas I apar datastan (ut) syah ut 

-speilrf ut naxih ut mataklh ut hamtanlh (i) (3) ut hamnamih ut hammuhrih ut 

xvastuklh ut darisn I pat vidast (? Ms.: lf^O-^1) ut andar {andar) 3 gam ut saxvan 

; (4) ut pas(s)axv ut garzltan I must ut ha£ pas viropiSn I giziran (ut) duzltan ut buitan I 

.yamak ut £is (5) ut xonsandih ut axonsandih i pat vi£Ir ut dip (I) pat + vi£ir ku ke kart 

Hit tan ut muhr ku ke pat asnak (6) guft ut namak ut vi£Ir ku 6 divanpan ut tan ku 6 

zendanpan ut giziran apispanan pat-i£ (7) aparlk harv £e ka data|3ar pat-is" ne evar 

ra5snisn I saxvan patiran pat. kartak pat-i£ (S) £e ut Sand duzltan ut burtan I yamak ut 

£is (ut) ha£ pas viropisn I giziran pat evar darend (9) ut ha* drui •;!) skastan ut nisan 

kanan apayet ra5 eton paytak tiyon ka pat skastan (10) ut nisan kartan evar ut but ke 

guft ku datafiar pat-iC \idast (? Ms.: HWtfl) I ne pat darisn (11) evar. 



The [abjad) ordinal-number oftlus chapter is 52. 



TR4NSL4TION 



A25, 12—14: 

If Farmxv declares (this): "'let (everything) else from the estate/debt that a 
certain person is obligated to pay and convey to me belong to you — except for the 
(thing) (costing) more than five-hundred and the one (costing) more than one 
hundred (drahrns)", then he has conveyed (only) what (costs) no more than one 
hundred (drahms), and nothing else is conveyed. 

LH 

A25, 15: 

Chapter concerning the competence of officials*. 

A25, 16—26, LI: 

(The competence of) a judge (ddtafiar) (lies) in: what (in particular) is owned — 
(specifically) how much, since when, and in what way (= the type of ownership, the 
variety of real rights — A. P.); and in the admittance /reception of witnesses; and in 
the opening of a case; and in the matter of appointing a court session; and in the pre- 
sentation (of the disputed object or of the juducial security —A. P.), and in (its) safe- 
keeping; and in what regards the grant of a postponement and the non-granting of a 
postponement; and in the conduct or non-conduct of the trial by one (of the) parties 
(what is intended here is the appearance or non-appearance of one of the litigating 
parties in court to participate in the trial — A. P.); and in what regards a case in 
which (the respondent) defaults, as well as the presentation (in court — the deposition 
in court — .4. P.) of the documents (required) for the trial, or their (= the documents') 
concealment; and likewise ("and") in (the ascertainment of an offence of) barratry 
(= vexatious litigation) (?), the giving of contradictory evidence ("change of testi- 
mony' — .4. P.), and other juducial offences. (A judge is likewise competent) in as- 
certaining blackness or whiteness (of hair, /. e..'the determination of the age of the 
participants in a case — A. P.), maleness or femaleness, the identity of a physical per- 
son (lit.: ''identity of body"); and in the identification of a name or seal; and in (what 
regards) the confession (of guilt) and in the possession /keeping ... (?); and in (the 
placing of litigants at a distance of) three "paces" (from each other and from the 
judge — .4. P.); and in what regards statements (in court), responses and appeals 
("complaints"), and the removal of guards from their police posts (= the removal or 
dismissal of the watch — A. P.); (and in the) theft or abduction of the judicial security 
or of the disputed object (lit.: '"vessel") deposited in court (cf. "Glossary" j. v. 
yamak — A. P.), or (other) things; and in what regards (the declaration of the liti- 
gants, concerning their) satisfaction or dissatisfaction with the decision (of the court), 
as well as who drew up the document regarding the judicial decision, and (in particu- 
lar) who made the declaration concerning the identification of the person or seal. (He 
is competent) to convey the (court) documents and the verdicts to the archivist ("the 
head of the chancellery") and the convicted man (lit.: "the body itself' — A. P.) to the 
prison warden and the guards; and likewise for everything else. For if a judge has not 
ascertained (or "is not competent" in) any of this, the conduct of the trial is delayed. 
Likewise, according to judicial norms ("kartak") he (= the judge) must determine 
precisely (="in a trustworthy manner", exactly) what and how much of the juducial 
security, or deposit, or other thing has been stolen or carried off (= through open sei- 
zure as against theft — A. P.), (and also regarding) the removal of the guard from its 
post. And as regards the indispensability of crushing the demon and setting a mark 
(= brand, sign on a sorcerer — A. P.) it is known that he (= the judge) is competent in 
this (/'. e.. this enters into his area of competence — -A. P.), And some say that a judge 
is also competent in what regards ... (7) that which is not for possession. 



2'J3 



SfHD: T1LXT 



A2fi, 11 — K>: 

(Ha£) Pcsakscr gopcnd ku' daia[iar pal darisn i ozilnk (7 Ms.: \v/ncytk)/u/.ilnk 
cvar ut druvistak an 3 ka (12) 6 slurih xvahct magupat pal gumnrtan T slurih ut pat 
apa£ kart (13) ut sak*VnisaV (? Ms.: yVJ\) apar nihat I xvastak I apa£ 6 alaxS (i> pat 
magupatan sax-van apayct (14) karl ut pal ni£a5/vi£a5 (Ms.: n/wyz'd) hiSian ui 
pargar britan ut pat-i£ an kc datafiar pat-i5 cvar but (15) rn5 nipiSl ut et £c cryon £iyon 
apar xveSkarih-namak I magupatan nipisl (ku) ka (16) magupat pat-B nc evar kar 
xvcskarlh 1 magupatan patimar patiran cvar. 

A26, 17—27,4: 

Rat pat apa£ kait ut sak7nisak~ (? Ms.: ) apar nihat ut xrit ut guharik ui 

ari ut vahak I pat (1) (h)er I ataxSan apayet Hrt lit £and mat ut pat-ic" ne mat I £i5 

' aten 6 ataxS ke bun (2) ut handraxt pat divan I kartak hangarend ut pat-ic niia5/vi- 

za6 hiStan ut pargar britan ut aparik (3) harv an I pat an aSvenak ut pat harv (h)er I 

ataxSan ka pat Sahlkan* he hamarkaran pat-iS (4) evar he pat evar darend. 

-'■ A27, 4— 5: 

Magupatan magupat pat harv an I ka aparik (5) kas goJ3et varomand ka itiagu- 
patan magupat go|3ei evar. 

7 A27, 5—7: 

Ui hatapar framan I dehpatan (6) but ne sayistan f cis-ic evarih ra5 pat an cis 1 
ne andar pesak i (7) asravanan ut pat framan I dehpatan ut yat-gehan + kar-frarnan 
pal-is. 



A27, 7—9; 



Var-sardar pal (S) patiran l var ta varzltan I var ut pat yazisn pat var ta §vasl I 
vazisn-namak ul pat-ic (9) an cis ke datapar pat-is evar. 



■>n4 



TR.4NSL4.TrON 



A26, 11—16: 

It is said with reference to the authority of (with citation of) PeSakser, that a 
judge is competent in matters regarding the possession of the escheated property(?), 
(specifically) when someone demands it for srurship (= as a stur -possession). A ma- 
gupat (is competent) in the appointment of a stur and in the withdrawing (of a stur- 
possession) from a person who has been removed from the exercise of the ^rurship — 
'A. P.). And the assessment of taxes (or: "imposition of taxes /charges"? — A. P.) on 
the properties ("things") returned to Fire-temples (or "retained for the profit of Fire- 
temples" — A. P.) must be carried out in accordance with the word (= decision) of a 
magupat. (A magupat is competem) as regards the resolution of a claim (? 
"appeal"? — .4. P.) and the issue of a verdict, and also in all that was written above 
concerning the competence of a judge. And it is in accordance with what is written in 
The Book Regarding the Duties of A>fagupats: that if a magupat is uncertain about 
something ("in this"), then the unquestionable right and duty of the magupat 
Cmagvpats") is to halt the verdict (= delay the entrance into effect of the sentence — 
A. P.). 

A26, 17—27, 4: 

A rat (is competent) in the matter of taking away /retaining (a possession), and 
of the charge /tax assessment (? on an estate — A. P.) and in what regards a purchase 
or exchange (and) the value and price of what should go to the temple-treasury; and 
(in what regards) how much has been paid and how much (remains) unpaid ("has not 
been entered") out of that which composes the revenue ("income") of the temple- 
treasury (lit "of the Fire-temples" — A. P.) — the basic payments as well as those 
adjudicated — (and those) which are assessed ("they estimate, they reckon") in the 
department of pious institutions; and also in the resolution of claims /appeals and the 
issue of a verdict; and (in) everything else of this type. And (judges) accept as compe- 
tent (a judgement, decision or information issuing from a. rat — A. P.) in all matters 
(concerning) a temple-treasury — (the matters) concerning which financial officials 
(hamdrkars) would have been competent, had these been matters regarding the royal 
treasury. 

A27.4— 5: 

Concerning the magupatdn magupat: all that is subject to doubt 
(= verification — A. P.), when it is said by another person, is not subject to doubt ("is 
trustworthy"') when the magupatdn magupat states (it). 

A27, 5—7: 

And nothing may be above the edict of the rulers ( l dehpat$"), because of (their) 
competence in matters which lie beyond the (prerogatives and competence) of the 
priestly (dsravanan) class. And according to the order of the rulers [80]. 

A27, 7—9: 

The head of the ordeal (var sardar) is competent in everything — from the delay 
("impediment") of the oath /ordeal to its taking /undergoing, and from the perfor- 
mance of the ordeal procedure to the scaling of the document regarding the or- 
deal /oath; and likewise in everything in which a judge is competent. 



295 



KfllD: TEXT 



Ml, 9— 11: 

ParcXvan pat an tit Ice data^ar pat-i5 (10) cvar ut pal hamemarih kartan nndur 
apayct cvar. Ut ka-£ Jul I parctvan 6 ganj but (he)? (1 ]) (an I}? pascmaran cvar ' 

A27, 11—12: 

Yamak I gopet ka dat kan pat an ganj but pat mat I (12) 6 in ganj evar 

A27, 12—13: 

Oslandar pat apa£ kart ut sak7nisak (?Ms.: ) apar nihat ut xrit (13) ut 

vahak patigrift ut dat partak kail (ut) o Sahlkan matixvakak evar. 

A27, 13— 28, 3: 

Hamarkar (14) pat arz ut vahak ut 6 Sahikan matan ut ha£ Sahikan be matan I 
xvastak ut ka-c xvastai 11(15) dariSn pat apasekomandan but apac 6 Sahlkan karl ut 
kas pat xveSIh (16) apar patkaref pat ne xvejih I apasekomand an xvastak ut ka-£ 
ostandar (17) namak apar <ne) xvast ttyon mizd I stur ke avail pat-iS 6h ba- 
riSn/baxend ut aparik-15 (1) an I pat an aSvenak ut pat dat ut ozlt/uzlt (Ms/ V/n£vi) 
namak dat pat-ic ne dat ut ne ozit /uzlt (?) I (2) xvastak ut ka-£ kas pat (h)er'l Sahlkan 
ziyan kart ra5 dip ut pat an <T> ziyan tavan (3) kart pat-ie an I pat an aSvenak dip ut 
tavan kart evar. 

A28. 3—5: 

Rat ut hamarkar pat-ic an I pat (h)er I (4) Sahikan cand ut hac ku <ne) vizli ui ' 
apar ke (ut) ciyon baxtan ut vidastan raS pat pau'mar (5) kartan"74cunend evar 
hamarkaran pat hangartan ut ul slatan~ I sak" evar. ' 



TRANSLATION 



All, 9—11: 

ApareSvan (= a court official accepting a claim and taking part in the investiga- 
tion and the preparation of a case for trial — A. P.) is competent in those things in- 
dispensable for a case in which a judge is competent. And even if (this implies) a visit 
by the pareivan to the treasury of the respondent, he is competent {cf. infra A27, 
11—12). 

A27, 11—12: 

(If the plaintiff or the respondent) declares that the vessel was in the treasury at 
the time of the theft, then (the parezvanl) is competent to visit this treasury (= his 
right of visiting the treasury in the interests of the investigation is not open to ques- 
tion, since it enters into his prerogatives; cf supra ATI, 9 — 11 — A. P.). 

All, 12—13: 

The ostandar is competent in matters of the removal of possession (what is evi- 
dently intended here is the right of the ostandar to take away the conditional title 
granted to a possessor on royal lands — .4. P.); and (in) the assessment of rent? 
tax?/ the adjudication of a fine; and in the acceptance of payments ("the price"); and 
in the declaration of conveyances (of plots on royal lands — A. P.); and in what re- 
gards the entry of property /money into the royal treasury. 

A27, 13—28, 3: 

A hamarkar is competent in everything regarding value and price and the entry 
of property into the royal treasury as well as disbursements from it; and also in the 
case where an estate of which the possession was burdened with liabilities /debts is 
taken away and returned to the royal treasury, but someone brings suit regarding (the 
variety of right) of his holding of this estate, asserting that it is not a tenure burdened 
with liabilities (psyk'wmnd); and also if (in a case where) the ostandar has inquired 
about a document — for instance (if he has asked regarding a document dealing with) 
a payment for j/urship: who sealed it with his own seal — (to have) it (= the docu- 
ment) brought to him (= the hamarkar); and also in matters of the same type. And he 
is competent to grant a document relating to the transfer of an estate (= a holding on 
the royal lands — -A.- P.) and to ■ (its) ■ removal (? "deprivation" or: "abandonment, re- 
linquishment" — A. P.) or relating to (its) non-transfer and to (the fact) that (the es- 
tate) did not escheat (?) (or: "was not abandoned" — A. P.), and likewise to grant a 
document regarding the loss caused to the royal treasury by this or that person, and 
the setting of a fine related to this loss; and in olher similar grants of documents and 
setting of fines. 

A28, 3—5: 

A rat and a hamarkar are also competent as regards what ("how much") and 
whence a loss to the royal treasury was caused, and (as regards) the disposition taken 
by them concerning among whom and through what means, it (= the shortage?) 
should be divided and distributed? (for it to be covered? — -A. P.). The hamarkars are 
also competent to assess and collect ("receive") taxes /duties. 



297 



MUD: TEXT 



A28, 5—7: 

Xvasiukih (6) gufi i magupalan magupat(an) u! var (ut) £iy6n hn£ Dipir be 
gofiend gufl I magupalan (7) mngupat(an) hac-ic var pat cvarlar darisn. 



A28, 7— 10: 

Hampa£en I pal hamemar ul vi£ir I pat gofiiSn I (8) mart i besahrik ut saxvan- 
namak harv cc andar pescmarih ul hamemarih kart ka £ak + (9) pat flvaSl i pescmaran 
nc kart estel aoak-ic hac an (i> ciyon datapar pat hamemarih (1.0) kart evar but ke 
gull ku-s andar pesemar pat evarih kar u-s oh kunisn. 

A28, 11—29,5: 

Zendinpan but ke gufi ku evac pat darisn I pat zendan evar ut but ke gufi (12) ku 

pat-iE hamtanlh ut hamnamlh ut hamvinasfh evar. Dastafiaran gufi ku an evarih i 

zendanpan (13) pat hamianih an bavet ka evak Ohrmizd roc pat duz evak Vahuman 

, t roc pal markarzan 6" (14) zendan kan estet ut ne pa3lak ku katam Ohrmizd rot 

^ katam Vahuman rot 6" zendan kart (15) estel ul zendanpan gopet ku en Ohrmizd ro£ 

■. pat duz ut en Vahuman roc pal markarzan (16) 6 zendan kart estel ut pat hamnamlh 

oyon bavet ku evak Mihr-Arurfarnbay nam pat (17) duz ut evak Kay-Aturfarnbay 

'" nam pal markarzan 6 zendan kart estet ul ne pajtak (1) ku ka[iam Mijhr-Aturfambay 

- I pal duz ut katam Kay-Aturfarabay I pat markarzan 5 zendan (2) kart estel 

■' zendanpan go pet kii en Mihr-Aturfarnbay I pal duz ut en Kay-Arurfarnbay (i) (3) pat 

markarzan 6 zendan kart eslel. Pat hamvinasih oyon bavet ka evak pat duz (4) ut evak 

pat markarzan (ut) ne paytak ku katam pal duz ut katam pat markarzan 6 zendan kart 

(5) estel ul zendanpan gopet ku en pat duz ut en pat markarzan 6 zendan kart estet. 

A29. 6— 7: 



K6ypan/ko5pan(?) pat en ku-m o to gufi u-l asnul ut pal-ic en ku gohrak 
(guharik"? — .4. P.) 6 to mal (7) estet evar. 



29S 



TRANSLiTION 



A28, 5—7: 



As regards the agreement (with a judicial decision — A. P.) expressed by the 
magitpatan magupat and as regards the ordeal — as it has been said, with a reference 
to DipTr: (the decision) rendered by the magupatan magupat is to be taken as more 
competent ("trustworthy, unchallengeable") than even the ordeal. 



A28, 7—10: 

A copy (of a document) regarding a judicial case, and a document containing the 
evidence of a person from another city (one who evidently cannot be present at the 
trial — A. P.), and a record of testimonies at the trial, and (in general) any 
(document) drawn up in connexion with a claim, and trial is authentic — (even) in the 
case where (such a) document is not sealed with, the plaintiffs seal — as a result of its 
drawing up by the judges in connexion with the case. Certain (authorities) have said 
that it (= the document) should be taken as authentic and valid as regards the plaintiff 
and (that) it should be drawn up (despite the absence of the plaintiffs seal — A. P.). 

A28, 11—29,5: 

As regards the warden of a prison (zinddnpdn), some have said that he is compe- 
tent only as regards the keeping (of the criminal) in prison, but the opinion has also 
been emitted that he is likewise competent in matters relating to the identification of 
the person (of the prisoner — A. P.), of his name and crime. It has been said by the 
learned commentators (of thtAvesta) that, (this is) the competence of the warden of a 
prison as regards the identification of a person: when one (man) is imprisoned on the 
day Ohrmizd — for theft, and another on the day Vahram — on a capital charge, and 
it is not clear which one was imprisoned on the day Ohrmizd and which one on the 
day Vahram, and the warden of the prison declares that this one was imprisoned on 
the day Ohrmizd for theft, and that one on the day Vahram — on a capital charge. 
And as to (the prerogatives of the warden of a prison as regards) the identification of 
a name, then it (takes place) in this manner: one person named Mihr-AturfarnbaY is 
imprisoned — for theft, and another person named Kay-Aturfambay is imprisoned — 
on a capital charge, and it is not clear which of them is Mihr-AturfarnbaY 
(imprisoned) for theft, and which (is) Kay-Aturfambay imprisoned on a capital 
charge, and the warden of the prison declares: this is Mihr-AturfarnbaY wno ls im ~ 
prisoned for theft, and that is Kay-AturfarnbaY, who is imprisoned on a capital 
charge. And the identification of the crime takes place in this manner: if one man (is 
imprisoned) for theft, and another one on a capital charge, and it is not clear which of 
them is imprisoned for theft and which one on a capital charge, and the warden de- 
clares that this one is imprisoned for theft and that one — on a capital charge. 

A29, 6—7: 

A supervisor of a town quarter/of a major highway (? Cf. "Glossary" s. v. 
koSpan — -A. P.) is competent to (give evidence such as): "I said to you and you 
heard/ learned", and also to (give evidence such as): "the capital? /equivalent? shall 
go to you" [81]. 



9QQ 



MUD: TEXT 



A29, 7— 9: 

(Pat) nc xvcSih i vikay yaiakgofi ul xvaslak kc pat xvcSfli i pcicmar (8) art vikay 
(ul) yatakgofi. Ut datapar muhr/muhrak-iS [82] 6 dataslan pntigircnd andar an c ka 
paligircnd + ha£ an (9) vikaylh ut yatakgopih pat evar darisn. 

A29, 9—30, 2; 

Veh-Ohmizd guft ku hamnamlh an bavet (10) ka goflcl ku en merak Farraxv 
nam enya pal en ku Farraxv nam Mihrcn pus ne (1 1) evar. Ut hamtanlh (ut ham- 
laruh) an bavet ka datafiar go^ct ku en Urn an (an) Sahrevar (12) roc" markarian 
vikaylh apar dat. Ut Farraxv-Zurvan nazdist + guft ku pat-ic" pit (13) ul deh pal evar. 
U-s pas guft ku ne evar Ee pit ut deh pat aSnakih I (14) tan evar enya tan pat ke puslh 
ne evar. Pusanveh I Azatmartan guft ku pat pit evai. (15) Ut ka-c* gofiet ku merak J 
apar en dip nipist an ham I apar (16) en dip nipiSt evar. Vahram guft ku man oyon 
saMst* ku oyon bavet (17) fcryan Veh-Okrmizd guft u-m an I Pusanveh guft ne var- 
ravit £e ka gofiet (1) ku-5 + (Ms.: 'YKm) merak ta apar en dip nipiSt an ham I apar en 
dip nip[ist] narih-e(v) (?) ut mataklh-e(v) bavet. 

A30, 2—3: 

Veh-Ohxmizd en-ic" guft ku Rosn-Ohrmizd guft datajiar tan amak (3) xvat 
kuniSn ut ban-- cis xvat daniMk kuniSa 

; A30.3— 5: 

Ut Aparak guft irii parezvan (4) patixSayomand tan asnak kartan ut muhr pati- 
griftan ut ka an! aSvenak paytak bavet (5) parezvan grirtardmand. 



[Lm?]* 
A30 r 5—6: 
Dar I (1 1) pat £i$ I nipiSt ut avaSt (6) anJ-c" va£ i uskartak. 



Tliis chapter carries no ordinal-number. 



TRANSLATION 



A29, 7—9: 

(As regards the fact that) a witness (is) "not his"('?), (the competence to judge 
and to testify — A. P.) belongs to the legal representative; as regards (the fact that) a 
thing belongs to the plantiff, (the competence belongs to) that witness and the legal 
representative. And the judges ("the judge") accept his (= the witness' and the legal 
representative's — A. P.) seal /entitling document [82] in court; after (the documents 
and the titles confirmed by them — .4. P.) have been accepted (by the judges), the 
evidence presented (by these persons) and their representation must be taken as com- 
petent (= not open to challenge). 

A29, 9—30, 2: 

Veh-Ohrmizd has said, that identity/ identification of name (takes place) when 
he declares: "the name of that man is Farraxv"; however, (the fact) that he is the son 
of Mihien does not reliably follow from (the fact) that his name is Farraxv. And 
identification of a person (lit.: "body" — A, P.) (takes place) when a judge declares: 
"this man here gave evidence regarding a capital offence on that day Sahrevar". And 
Farraxv-Zurvan (one of the commentators — A. P.) first said that one should also as- 
certain, the father and the village (= the residence). Subsequently, he himself said that 
it is not (necessary) to ascertain (this), since (who is his) father and (from what) vil- 
lage can be established with certainty by means of the identification of the person, 
whereas (the identity) of the person cannot be established with certainty by means of 
the discovery of whose son he is. Pusanveh I Azatmartan has said, that (the identity of 
a person) is established with certainty by means of (the clarification of who) is the 
father. And likewise, when he declares: "a man is the one who wrote on this scroll 
('letter, document')", (the person) who wrote on that scroll (= document) is also es- 
tablished with certainty thereby (according to the opinion of Pusanveh — A. P.). But 
Vahram, has said: "in my opinion the matter stands as stated by Veh-Ohrmizd". And I 
too (= the compiler of the Law-Book — A. P.) do not trust the statement of Pusanveh, 
because, when he declares: "he is a man inasmuch as he wrote on that scroll 
(=' document)" [lit.: "he should have been a man to write on this scroll" — -4. P.], 
that person, the very one who wrote on the scroll, might have been either a man or a 
woman. 

A30, 2—3: 

Veh-Ohrmizd said the same: that, as it was said by Rosn-Ohrmizd, the judge 
must perform the identification of the person himself, and he must investigate every- 
thing himself. 

A30, 3—5: 

And Aparak has said, that a parezvan (cf. supra Ml, 9 — 1 1 — A. P.) is entitled 
to establish the identity of a person and to accept a seal (= establish the authenticity of 
a document presented in court — A. P.). But if it becomes evident that (the things) 
stand otherwise (/. e.. if a mistake of the parezvan is revealed — A. P.), then the 
parezvan is subject to arrest ("must be seized"). 



* 



[LIE?] 
A30, 5—6: 

Chapter concerning that which is written and scaled, and other questions 
(deserving) investigation. 



301 



MUD: TEXT 



A30. 7—9; 

Nipist ut avast kc hampaEcn hat-iS dal nc Sayct (ul) 7 slahmakiha ul duspaiixsfiy 

(8) ap(p)urcnd hampaScn danism Ut pal xanak £is be pnylakcniSn ut pat datastarf be 

(9) nihisn ut ka saycl pal bozisn daStan rao o xvesavandan apispariSn. 

A30. 10—12: 



Ka Soy ut zan pal cr/ yavar ha£ marl 1 apam stanend an mart an apam (1 1) ha- 
maoven ha£ zan xvasl tuvan ut pal raocniSn I dalastan dastafiarih I soy andar (12) nc 
apayet. 



A30, 12—16 

Ka go pet ku Farraxv en yamak apatixsaylha ha£ man stat (13) ut burl ut an 
yamak man xveS ut dlri£n ut pat an £i76n Farraxv slat ut burl Farraxv (14) daret ut 
ha£ Farraxv hacasmand bavetpat an ha£asmand pat grap vicTr kunisn £e (15) xvastak 
ne namEiStik ut ka xvastak nam£i5tlk he vi£lr kunisn ku darisn (16) apac kunisn". 

A30, 16— 17: 

Ka ha£ zamik bun-xveSan xves u-s pat bar graPakandar ziyan (16) vi£arisn *. 

A30, 17—31,3: 

Ka pesemar pat apam ut vaxs pasemar hamemar ut pesemar (1) pasem[ar harv] 2 
xvastuk hend ku vaxs I ta Farraxv 6 Asuristan sut vi£art (2) ut pesemar' (Ms.: 
pasemar) patkaret ku FarraxT sal evak 6 Asuristan sut (Ms.: savet) pasemar (3) 
paMakenisn. 

A31, 3—5: 

Pat ra5enisn I stur ka (Ms.: MNW = ke) an I salaktar ne mat estet hist (ke) oyon 
""(4) nipist ku merak pat an kustak I Xvarasan u-5 amatan ne kamet merak ne (5) pat 
bun ut pat katam gyak but ne asnak. 

A31, 5—8: 

Pat ra5enisn I npar gumartan (6) apayistan I katak-banuk duiak sardar (ut) kan i 
katak-banuk gatar fci£ (ut) apar (7) gumartan eton nipist ku katak-banuk be £iyon-is 
apedastapariha tan pat gat (8) 6 kas dal guft enya-s sardar nest ut apar-i£ katak-banuk 
sardar gumartan. 



* This article has reached us in a damaged form. Part of the text has apparently been, led 
out by the copyist. 



302 



TR4NSL4TION 



A30, 7—9: 

(If) a written and sealed (document) of which it is not proper to give a copy, is 
forcibly and impermissibly carried off, a copy should be given. And the property 
found in a house should be declared and deposited in court, and transferred to the 
kinsmen for usufruct whenever this can/ may (be done). 

A30, 10—12: 

If a man and wife jointly ("as one, in one instance") receive a loan ("debt") from 
a person, then that person is entitled to claim (the settlement) in full of this debt from 
the wife, and (the wife) does not need to obtain from her husband the title to conduct 
(the case regarding this). 

A30, 12—16: 

If he declares: "Farraxv obtained this vessel from me unlawfully and carried (it) 
away, whereas this vessel belongs to me and I should possess it, but since Farraxv re- 
ceived and carried (it) away, Farraxv possesses (it)", and the case is sus- 
pended/defaulted (because of Farraxv's non-appearance in court); then a decision as 
to (the furnishing of) a security must be rendered in connexion with the contumacy, 
since the thing has not been determined with precision. Had the thing been precisely 
determined, a decision as to the return of the possession (of the thing, to the plain- 
tiff — A. P.) should be rendered. 

A30, 16—17: 

If from tlie land which belongs to the original (= principal) owners but (whose) 
revenue (belongs to) a creditor, ( ), then the loss should be reimbursed*. 

A30, 17—31,3: 

If a plaintiff is carrying on a suit with the respondent over a matter of debt and 
interest, and [both of] them — the plaintiff and the respondent — admit that the in- 
terest which (accrued) before Farraxv's departure to Babylon has been paid; but the 
plaintiff (the ms. has "respondent" presumably through the copyist's mistake — A. P.) 
protests: "it is (already) a year (= a year has passed) (since) Farraxv left for Baby- 
lon!"; (then) the respondent must make a declaration concerning this. ' 

A31.3— 5: 

In connexion with a case regarding the appointment of a stur (and) when the one 
most suitable (to assume the sturship) has not appeared, some have written: "(this) 
man is in the province of Xvarasan (= Khorasan) and he does not wish to appear 1 ', 
(and): "(this) man is not in his principal residence, and it is not known in what place 
(he is to be found)". 

A31, 5—8: 

In connexion with a case regarding the necessity to appoint the mistress of the 
house (= the widow — A. P.) as the guardian of a family (and) regarding the cohabi- 
tation of the mistress of the house — the following has been written concerning the 
appointment: "except where she has declared that she entered into illicit cohabitation 
with a certain man, the mistress of a house is not the guardian of the family, and a 
guardian should be appointed also over the mistress of the house herself. 



303 



MUD: TEXT 



A3], 9—10: 

Yuvan-Yam namak kart ku 67611 ciyon Ncv /Vcv-GuSnasp gufl ka mart ul znn 
patvand (10) rast mart gumart sturih ne kaniSn. 

A31, 10—15: 

Mahveh namak kart ku pat kartan (11) ut daStan dyon apar apurt ku ka mart pat 
sturih gumart u-S ziyan l (12) pat dutak kartan ne paytak ka-c pas hat an xvah i an 
mart pat gumart apayistan 1 (13) xvah pat an sturih andar paLkaret patkariSn I xvah 
pat an sturih ne (14) patiglrisn ut sturih pal mart pat raft darisn ut xvastak pat sturih 
6 (15) xvah ne apisparisn ut an sturih pat ham mart be hilisn. 

A31, 15—32,2: 

Ka mart ke (16) darisn I pat ansahriklh pat mart 1 paikaret ku(-m hac) xvatay 
azat hist hom (17) ut azat-hist Pusak daret apak Pusak pat saxvan-namak datastan 
bun kartan raSenet (1 1 ) a5ak layet ka ne pat xvatay asnak kunend ut datastan pat 
yatakgop xvahet (2) ka hacasmand bavet uskartan apayet. 

[LIV?]* 

A32, 2: 

Dar I guft apak guft. 

A32, 3: 

(Apak) an! guft ku pat kartak ilvandak (drahnaS)? anattan ne kunend. 

A32 ; 4: 

Apak ani guft ku bayandak anattan [or: bandak (ka/I) anattan — A. P.] pat kar 
oh apisparisn. 



: A32. 4— 5: 
Ut apak an! guft (5) ku ka matakvar ananan apak payandan. 

A32. 5—7: 

Apak ani guft ku ka pus 1 (6) pat toziSn I pitaran hamemaromand anattan be 
bavet apak aparik xvastak(7)daran raSenisn I "\-ar + 6/6h bavet. 



* This chapter carries nn ordinal-number. 



30<l 



TRANSLATION 



A3I.9— 10: 

Yuvan-Yam has written (the following): "in accordance with the opinion given 
by Ncv7 Vcv-Gusnasp, if the kinsmen of the husband and wife have appointed a just 
man as stur, then the ^wrship should not be dissolved /cancelled (lit.: "is not subject 
to destruction")". 

A31, 10—15: 

Mahveh has written that (the following) took place (as regards) the problem of 
an appointment (to j/urship — A. P.) and the preservation (of a y/urship — A. P.): if 
a man has been appointed stur and it has not been discovered that he caused any 
damage to the family (= to the estate of the dead man's succession— 'A. P.): then, if 
the sister of that man (whose stur he is — A. P.) subsequently brings action regarding 
the nessessity of appointing the sister (/. e.. herself — A. P.) as stur, then the claim to 
the storship made by the sister should not be accepted (for investigation), and the 
tfurship is to be considered as having gone to (that) man, and the estate should not be 
given to the sister as a .rrur-possession, and this snlrship should be left to that man. 

A31, 15—32,2: 

If a man who contests his ownership by another man as (his) slave (declares): 
"(my) master manumitted me (from slavery), but the manumission document is in the 
hands of Pusak", then if (he) together with Pusak will testify for the record (in order 
to) open the case; then the trial may (or "should, must" — A. P.) be declared in de- 
fault in the case where the master cannot be brought to admit (the manumission) (in 
court), and he (= the master? the freedman?) demands legal proceedings with ("by 
means of, through") a legal representative. This is to be examined (carefully). 

pury?]* 

A32,2: 

Chapter in which one statement follows another. 

A32, 3: 

Besides that it is said, that according to judicial rules (or "in judicial proce- 
dure" — A. P.), (a man) is not declared insolvent for life (?). 

A32,4: 

Besides other things it is said, that one who is completely insolvent [or "a slave if 
he is insolvent" — A. P.] should be handed over for iabout (to pay off his debt). 

A32, 4—5: 

Besides other (things) it is said, that if the principal contractor is insolvent, (then 
it is) together with the warrantor [83]. 

A32, 5—7: 

Together with that it is said, that if a son participating in a case regarding the 
settlement of inheritance-debts is (found to be) insolvent, then (he) together with the 
other heirs will have ("it falls to his lot/ takes place; occurs, happens") to undergo the 
ordeal procedure ("oath-taking" — A. P.). 



305 



MUD; TEXT 



A32. 7— H: 

Ul nni gufl ku pascmar la dalastnn lint (K) raocnisn mantl pat yut dataslan 
pcscmar hamcmarih kartan nc patixsay. 

A32, 9—13: 



Apak am gufl ku ka andar raScnisn i dalaslan pus purnay bavet dutak (10) sardar 
dalasian raBenitan ne luvan ut pascmnr (nc)? patixSay ka dutak sardar hat (11) 
raScniSn be ne hilcl ut hampacen slanct ul pal vatxvah andar dutak sardar (12) viCIr 
xvahcl cl rao + £e dulaJc sardar nun nc pcscmar ul andar duiak sardar el (13) dataslan 
ha£ raScniSn mand. 

A32, 13—15: 

Ut an! gufl ku ka gbffet ku ta man sahet en (14) xvastak to xveS pat veSistlh ta 
zivandakih ut pat kamistJh ta sahel dat ( 1 5) bavet. 

A32, 15—17: 

Apak anl guft ku ka goj3el ku ta reiak purnay bavet io xveS (16) pal veSistlh ta 1 5 
sal guft bavet. Ut Perez (i) guft ku ka rctak andar (17) purnay Ih mlret xvastak hakarc 
apa£ ne ay et. 

A32, 17—33. 2: 

Ut apak an gufl ku (1) ka gopet ku ta to sahet pat task az darom ta an tan ayap 
xvastakdar I an (2) tan ke pat task be dat ne sahel kunend apac kartan ne patixsay. 

A33, 3—7: 

Ut apak anl guft ku ka Farraxv andai Mihren kart ku en xvastak ta apak (4) to 
pat peSemarih gopom.lo hac-is (ne) vizayom pat vesistlh ta zivandakih 1 (5) Mihren 
ayap Farraxv. Ut ka apak to ne nipeset pat vesistlh ta zivandakih I (6) Farraxv guft 
bavet ce gojMSn pai parvand ne ravet be an ef ka yatakgop" (7) gumaret. 

A33, 7—9: 

Ka man 1 apfik pus" (Ms.: "B = pit) pat man kart ku xvastak i lo sahel to (S) .wes 
ut Sand pus hast evak sahisn paytakenet ut aparik dusnirmat I (9) aparik ra5 saluSn nc 
kunend. 



TRANSLATION 



A32, 7—8: 

And this is said, that until the end of a legal case, the respondent is not entitled 
to bring another suit against the plaintiff [84]. 

A32, 9—13: 

Beside other (things) it is said, that if a son comes of age during the course of a 
case, then the guardian of the family is not entitled (to continue) to conduct the case, 
but the respondent may (not) dismiss /release the guardian from the conduct of the 
case, nor obtain a copy of the document, nor ("and") demand a judgement (of the 
court) as regards(= against — ,4. P.) the guardian of the family (condemning him) for 
malice (= for malicious litigation — .4. P.), because the guardian of the family now is 
no (longer the) plaintiff, and for the guardian of the family the case is finished. 

A32, 13—15: 

It is said that if he declares (this); "(this thing) belongs to you as long as I 
please", then in the best case ("at maximum") it is conveyed to the end of his life, and 
in the worst ("at minimum") — for the time that it will please him (= the conveyer). 

A32, 15—17: 

Besides other (things) it has been said, that if he declares (this): "(a thing) be- 
longs to yon until the boy comes of age", then in the best case ("at maximum 11 ) the 
statement regards ("it is said, it is declared") a transfer with a term of fifteen years. 
And Peroz has said, that if the boy dies before coming of age, then the thing shall 
never return (to the declarer, the conveyer — A. P.). 

A32, 17—33,2: 

.And moreover it is said, that if he declares (this): "I shall lease (this) as long as 
it pleases you" 1 , then until that man. or the heir of the man who gave it out on lease 
declares: '*(! am) not pleased!", he is not entitled to return the possession rented [or: 
"he is not entitled to revoke the lease agreement" — A. P.). 

A33, 3— 7: 

Besides other (things) it is said, that if Farraxv and Mihren make the following 
agreement: "I shall "not' deprive' you of this thing until I bring suit against you", then 
in the best case (''at maximum") (the thing is conveyed) until the end of Mihren's or 
Farraxv's life. But if he does not write: ; "against you" 1 ; then in the best case, this is 
declared (regarding the transfer of the ihing) until the end of Farraxv's (= the con- 
veyer's) Life, since (this) declaration does not extend to the descendants /kinsmen ex- 
cept in the case where he appoints a legal representative. 

A33, 7—9: 

If a man has made (the following) agreement with (his) son: "(whatever) thing 
pleases you belongs to vou", but there are several sons (in the family), then (only) one 
(of them) declares his choice of a thing, whereas the others do not make a declaration 
of choice since they ("the others") are deprived of this advantage (lit.: "because of the 
disadvantage of the others" — A. P.). 



307 



MUD: TEXT 



A33.9— 11: 

Ul ani guft ku ka Farra.w 6 Mihrcn (10) goflci ku ta en vieir 6 bovJSn claret to 
hac en* xvastak nc viziiyom aoak-15 (11) andar Mihrcn ul dasta[iaran ut xvfistakdaran 
ci o boiiSn afiariSn. 



A33, 11 — 14: 



Apak ani (12) guft ku ka go Pel ku la pat pcScmanh gofiom to hac en"" xvastak nc 
(13) vizayom aoak-i5 andar 6y (ut) frazand xTastakdar I oy I hamemar pat pcScmarlh 
CI4) gopign. 

A33. 14—15: 

Ut apak ani guft ku ka nipeset ku xvastak ka to xvaheh 6 to (15) dahom xvahisn 
hac oy ut xvastakdar kunisn. 

A33, 15—17: 

Ut ani guft ku \iclr-ev I pat 3 bahr (16) sv bahr 6 Mihrcn ut aparlk - 6 Farraxv 
dahend matakvar Farraxv darisn ut (6) Mihren riarnpacsn dahisn. 

A33 f 17— 34, 1: 

Apak ani guft leu ka srur pat bahr mar be dahet kamak I (1) pat bahi kart hakar 
nem ayap kem dahet pat rat ut hakar ves~ bavet pat kas. 

A34, 2— 3: 

Ut ani guft ku ka gopel ku-m en Weir 6 to dat aoak-is gil (3) ut namak dat bavet. 

A34. 3—6: 



Ut apak ani gufi ku ka go pet ku-m en (4) dastkart hac 'h'arv ct~l andar hammis 6 
to dat vicir-ev I pat en dastkart (5) estet ut xvastak-ic (1) I pat ani gyak pat an vicir 
sayet xvast dat (6) bavet. 



TRANSLATION 



A33.9—U: 

And another one said (or: "and something else has been said") that if Farraxv 
declares to Mihren: "'as long as you (pi.) are entitled to enjoy use of this contract (lit.: 
'as long as you have this contract for use' — A. P.\ I shall not deprive you (sg.) of 
this thing", then he must convey this (thing) for the use of Mihren and of his 
(Mihren's) empowered agents ("mandataries, representatives") as well as of his heirs. 

A33. 11—14: 

Besides this it is said that if he declares (the following): "I shall not deprive you 
of this thing until I bring a legal claim"', then the claim (/. e., the one stipulated by 
this declaration of the conveyer and which gives him the right to take back the 
thing — A. P.) must be brought against the contractor himself ("against him"), or 
against the son and heir of this contractor. 

A33, U — 15: 

Besides other (things) it is said, that if he writes: "I shall convey (this) thing to 
you when you demand it", then the demand must be made eiher to him (= to the 
author of the given written declaration — A. P.) or to his heir. 

- A33, 15—17: 

It is also said, that the original copy of a document concerning a contract (by 
which) one third (of a thing) is conveyed to Mihren and the rest to Farraxv must be 
held by Farraxv, whereas a copy should be given to Mihren. 

A33, 17—34, 1: 

Together with this it is said, that if he conveys (a thing, an estate) to a 
(foundation) for s/urship "as a share" (= he conveys — as a stur -possession — a cer- 
tain portion only of a thing or estate as the whole — A. P.), and if he conveys half or 
less (of the thing) in accordance with his declaration of will regarding the portion; 
then (the original copy of the document relating to the transfer with intention of insti- 
tuting a -rtur-foundation must be handed over) to the establisher of the foundation 
("the donor"), but if it is more (than half), (the original copy of the document should 
be handed over) to that man (= the stur — A. P.). 



A34, 2— 3: 

It is also said, that if he declares: "I have handed this document over to you", 
then (according to this declaration) (both) the seal ("the clay") and the document 
("the written text") are handed over to him [85]. 

A34, 3 — 6: 

Besides this it is said, that if he makes a declaration (in this manner): "I convey 
this dastkart to you together with everything that it contains", then (any) document of 
contract relating to this dastkart, and anything (located) in another place but liable to 
claim according to this document of contract, should also be considered as conveyed 
(as a result of this declaration of transfer — -A. P.). 



309 



MUD: TEXT 



Tj 



A3 4. 6 — 9: 



U( am guft ku pnt markarZan cvar pursisn-nnmnk oh kunisn. Apak (1) ani a par 
Afiyatkar hampafc£cn cv I pat-i£ muhr I Vch-Sahpuhr I mngupatan magupat (8) but 
avist pat-i£ gofiisn (1) magupatan magupal mart cv pursisn-namak pat-is ut pat (9) sar 
patifras kartan apayltan rao nipiSl. 



A34, 9—10: 

Ut an! guft ku pal yazdan-(10)dusmanlh ul xvntay-duSmanlh ul ahramoYlh pur- 
sisn-namak oh kuniSn. 

A34, 10—13: 

Apak ani apar (11) hampacen ham mart (ra5) pat gofiisn I magupatan magupat 
nipiSt ku yazaan-dusinanih ut xvatay-(12)dusmanlh + ut rnihrodruzlh ut ahramoylh ut 
druiih ut anast-gofMsnih (raS) ajJyatkar (13) kart (apayet) u-s 6y vinas ra5 pursisn- 
namak pat-is kunisrT. 

A34 ? 13—16: 

' Ut ani guft ku mart ke (14) pat markarzan pursisn-namak pat-is kunisn ka pat 
pursisn-namak vinaskartar (15) pajlik but (ra5) vinas-i£ I ne markarzan nipist <an) 
ahok nest. Apak ani apai (16) apyatkar yumay vinas I maikaizan ani-£ vinas ia5 pat 
an aSvenak rripist eslet. 

: A34, 17—35,3: 

Ut ani guft ku pat vinas ke pursisn-namak pat-is kunisn asnaklh-ic I sahr (1 ) ut 
dusiav[Ih pat s]ai andar vicoSisn darisn £e pat-i£ pursisn-namak I ha£ pes oron kart 
(2) oyon nipist ku merak dusrav ut andai sahr vatmartlha raft estet (3) dusravih-i£ 
Eim I kartan apayistan I pursisn-namak ra 5 fra£ patiglrend. 



A35, 4—5: 

Apak an! pat vas sahr ut gyak nun-i£ pat pursisn-namak nipesend ku merak ( 5) 
pat kartan I an vinas patram dusrav. 

A35. 5—6: 

Ut an! guft ku druvistih I )t" (?) ut dat I (6) sahr ra5 ^inahisn-ifc patifras ut 
okarisn kunisn. 



310 



TRANSLATION 



A34, 6—9; 

It is also said that a record of the trial (on "interrogation") must be drawn up 
("made") for the sake of the trustworthiness/ authenticity (of the decisions, sentences) 
in cases of capital offences. Furthermore, in one of the copies of the Afiydtkar 
^Memorandum"} sealed with the seal of Veh-Sahpuhr the magupatdn-magupat, some 
one has written, from the words of the magupatan-magupat, regarding the indispen- 
sability of drawing up a record of the trial /interrogation in such a case ("as regards 
this") and of joining it to (the document containing the sentence of) the punishment. 

A34, 9 — 10: 

And another (thing) has been said: (that) a record of the trial (or: "of the interro- 
gation") should be drawn up ("made") in (cases) of evil intention against the gods, 
and of evil intention (malice, hostility) against (one's) master, and in (matters of) 
heresy. 

A34, 10—13: 

And besides other (things), in the copy (of the Memorandum of Veh-Sahpuhr; cf 
supra A34, 6 — 9 — A. P.), this man has written from the words of the magupatan- 
magupat (Veh-Sahpuhr), that a memorandum (must) be drawn up (= kept; a record 
drawn up — A. P.) in (cases) of evil intention /hostility toward the gods or (one's) 
master, (or those) of breach of contract, of heresy, falsehood or slander. And (so) a re- 
cord of the trial/interrogation should be drawn up as regards these offences. 

A34, 13—16: 

And this is said: that a man — concerning whose accusation on a capital charge 
a record of interrogation/ trial has been drawn up — is not guilty of the fact that he 
has been shown to be a greater criminal according to the record of trial interrogation, 
but his offence has not been specified ("written down") as a capital one (in the ver- 
dict). Moreover the same is also written in the Memorandum (of Veh-Sahpuhr) about 
other crimes as well as about cases dealing with capital offences. 

A34, 17—35,3: 

It is also said, that the reputation (enjoyed by the accused) in the sahr and, (any) 
evil rumour (concerning him) should be included in the investigation (= taken into 
consideration — A. P.) at a criminal (trial) requiring the drawing up of a record of 
interrogation for it is also written in the record(s) of interrogation drawn up from an- 
cient times to the present that: "(this) man has a bad reputation in the city I sahr and 
passes for an evil man". Similarly a bad reputation is taken as a basis ("cause") for 
the necessity of drawing up a record of the trial /interrogation. 

A35, 4 — 5: 

Besides other (things), in many cities, sahrs, localities (the following) is still 
written down in records of interrogation/ trial: "(this) man has a bad reputation in the 
neighbourhood as (the one who) committed this crime". 

A35, 5—6: 

It is also said, that for the sake of security ... (cf. infra A35, 9 — II) and of the 
law /justice of the realm, as well as (because of) the damage (inflicted) [86], (a man ?) 
should be subjected to punishment and exile (or "isolation", lit.: "removal" — A. P.). 



'ill 



MHD: TEXT 



"A35, G—9: 

Apak am gufl ku (7) zan kc Soy pal atvadat ul daslanmjih vicartan vinaskar kii 
duz (8) kuncl duz ne zan be soy bavct. Ut pas ka-s girend a5vcn (I) sahr (9) rao be 
drosisn. 

. A35.9— 11: 

Ul apak anJ gufl ku mart 6y I pal markarzan varomand (10) kart cstet ka-£-is 
avinasih danist (Ms.: danct) aoak-ic-is )t 1J (?) I sahr ra5 vac hac-is (11) ne girisn ut 
avi-s (avi-s) ne dahisn. 

A35, 11—12: 

Ut anl guft ku andar dutak zat an ce (12) cakar frazand bavet. 

A35, 12 — 13: 

Apak anl pat vas gyak pat nipisl ut avast T dastajiaran (13) pati girend frazand I 
cakariha iupist estat. 

A35, 13—14: 

Ut apak anl vas 6sta(iaian (14) guft ku pat kanak andar dutak zat pat frazand 



dast. 



A35, 14—16: 

Ut apak anl apar (15) handarz I ham Veh-Sahpuhx pat gopisn I Veh-£ahpuhr 
nipist esiet ku an I sturih I (16) nam slrenvar ra5 man frazand ut aftyatak bavend en 
cis 67on hep kunend. 



A35. 16— 36.3: 



Ut aru (17) guft ku Mihr-Narseh I vazurg framatar ataxs 2 ra5 guft ku-m pat (1) 
sardarih evak merak ut evak merak dastapar kart Mahraspaud I rat but [viil]r kart ku 
(2) ataxs" sardanh pat patvand i avesan mart ne ravel. Ut Yuvan-Yam gufl (3) Ku pal 
patvandbe ravel. 

A36. 3—6: 

Apak anl apar (h)andarz I Aturpat I Zartustan (4) (but) I magupatan magupal but 
<I) pat gopiisn I Aturpat (i) ataxs + rn5 nipist (5) ku hat frazandan I ninn 6y 
patimar/dastaflnx kc mart pahlom hat (Ms.: V r^V° = fey rfr'). Ut anl Peroz O) S^ft 
(6) ku 6y evak bavet. 



TRANSLATION 



A35, 6—9: 

Besides other (tilings) it is said, that if a wife — whose husband is accused of an 
atyadat (offence) and of (the offence) of sexual relations with a woman during her 
menstruation — commits a theft, then the thief is (= is considered to be) not the wife 
but the husband. And furthermore, when he is seized, he should be subject to brand- 
ing in accordance with ("for, for the sake of) the custom of the sahr. 

A3S, 9— 11: 

And together with this it is said, that a man for whom an ordeal trial is ordained 
(on die accusation) of (his) having committed a capital offence, may not perform the 
prayer ritual and should not be allowed to participate in the Dron-yast ritual, because 
of the custom/ regulations (?) (in force in) the sahr, even in the case where his inno- 
cence is known. 

A35, 11—12: 

It is also said that the one "born in the family** (is) a cakar-son. 

A35, 12—13: 

Together with that, the designation "cfaA'ar-son" figures ("was written down") in 
many places in sealed (documents) accepted bv persons (in positions) of authority (or: 
"official persons") [87]. 

A35, 13—14: 

And also many authorities have said that, in accordance with the regulation (or: 
"injudicial procedure" — A. P.), (the one) "born in the family" is equated with son. 

A35, 14—16: 

And besides other (things) it is written in the Testament of Veh-Sahpuhr, word 
for word as Veh-Sahpuhr said it: "let him who for the sake of greater service to my 
name (= lineage — A. P.) shall become my child and grandchild do this thing (/. e.. a 
disposition made in the will — A. P.) in this manner'. * . 

A35, 16—36,3: 

And it is also said, that the vazurg-framatar Mihr-Narseh declared as regards 
two Fires (=Fire-temples): "I have made a disposition regarding the appointment of 
one man as trustee over one (Fire-temple), and another (man) over the other". Mah- 
raspand, the rat, rendered [a decision] according to which the trusteeship over a Fire- 
temple should not be transmitted (by inheritance) to the descendants of these two per- 
sons. But Yuvan-Yam has said that (the trusteeship) should pass to the descen- 
dants [88]. 

A36, 3—6: 

Together with this, from the words of Aturpat I ZartuStan, (this) is written about 
a Fire-temple in the will of (the same) Aturpat I Zartustan, who was the magupatan 
magupat: "the one of my sons who proves to be the most worthy (= pious) man (must 
be) designated as trustee". And Peroi has also said that he is one alone (= only one of 
the sons becomes trustee — A. P,). 



'xi i 



MUD: TEXT 



A3C,G— 12: 

Apak ani guft hu Aturpat i Marlbutan (i magupalan magupal) bul pat (7) ruvan i 
Aturpal ataxs nisasl ul ataxs pal sardarih T oy kc DatxvaS ] ham (8) Aturpal xvah ut 
zan bul daslan gufl* (ut) daStan ra5 framan dat (9) ul pat an dasia[iarlh ataxS niSast ut 
(DatxvaS) an ataxS fra£ hat" Datxvas" (10) Farraxvyan ut fraE hat Farraxvyan an! marl 
daslan ra5 guft. Ut pat muhr I RoSn-Ohrmizd (i) (11) atur I Eran-Xvarrch-Xusrav 
(I) £asan but GT'k avast ul framan-ic" I Aturpal (12) pat VSk'n (Ms.: ryvr*) 6 
GTkburt. 



A36, 12—16: 

Apak ani gufl ku xvastak I-5an karl ku (13) 6y ke Farraxv xves but gopet xve$ ut 
Farraxv la 10 sal mart 1 ul pas haE (14) 10 sal mart 1 xves but (ra5) gufl oyon darisn 
ciyon xveS but ra5 gofiiSn (15) gufl. Bul ke gufl ku ta 10 sal ut pas-ic haC 10 sal 
aveSan mart pat (16) akanen darisn.. 

A36, 16—37. 1: 

Apak (17) ani apar (h)andarz I ham Veh-Sahpuhr pat dat I dastkart pat gopiSn I 
ham Veh-Sahpuhr(l) nipisl ku ha£ anSahrik I-s andar manend ham(m)is oyon hep 
bavet. 



A37 ; 1—15: 

Ut aid guft (2) ku apar 6y bay Husrav f Kavatan mart-e(v) Dandan (? Ms. : KK") 
nam but man-e(v) Aturtoxm (3) nam but pat zamik havand pat uzdes-car dak Ciyon 
paf (Ms.: sn) framan ut dastaflarih I (4) magupalan uzdes haE-i$ kand (ul) atuT(r)6k- 
e(v) pat-is niSasi ka an arur(f)6k-e(v) (5) apac 6 divan I kartakan kamist kart haE a- 
pat-ziyan I Dandan ut Aturtoxm an (6) zamik haE an arur(r)6k-e(v) (ham(m)is an 
Dandan) ul an Alunoxm u-San frazandan aflyatakan daslan ri5 framan (dal). (7) 
Dandan ut Aturtoxm an nturtr)6k pat Varahranih 6 dnigah nisasl ut an ataxs (S) pal 
sardarih ta Dandan ut Aturtoxm iivandak but Dandan ut Alunoxm dasi ul viiart (9) 
Dandan ut Aturtoxm Burzak I ArtaxSahr-Xvarreh magupai bul pal en ku pat framan 
(10) dastaparih an ataxs pat sardarih (an (I) Dandan nisasl) hamaSven frazamdan ul 
afiyatak (11) duxtdat-iE darisn viEIr (ut) Vatayar viEIr kart Dat-Farraxv I Dai- 
Ohrmizd (1) moyan (12) (h)andarzpat but pat en ku hakar avesan ke an ataxs niSast 



314 



TRANSLATION 



A36. G — 12: 

Together with this it is said, that Aturpat I Martbutan (who) was ... (the title — 
magupatan magupat — has been left out by the copyist — A. P.) established a Fire 
(= Fire-temple /altar) "for the soul" of Aturpat (= the magupatan-magupat Aturpat I 
Zartustan: cf. supra A36, 3, et infra A38, 10 — A.P,), and he declared and gave the 
order of transfer of this Fire to the trusteeship of Datxvas the sister and wife of the 
(above) mentioned Aturpat I Zartustan. And the Fire was established according to this 
disposition, and he made a declaration regarding the transfer of this Fire to Farrax- 
vyan after DatxvaS ('death) and to another person after Farraxvyan. And the testa- 
mentary document was sealed with the seal of Rosn-Ohrmizd who was the superior 
(or: ''supervisor") of the Eran-Xvarreh-Xusrav Fire-temple, and the disposition of 
Aturpat regarding *w$k'n (= the foundation "for the soul" — A.P.) was also included 
("brought 5 ') into the testamentary document 

A36, 12—16: 

Together with that, it is said that as regards a thing — of which it has been de- 
clared that it shall belong ("belongs") to the person of whom Farraxv will say that it 
is his (= the one whom Farraxv designates as the empowered holder of the title to 
it — A. P.), and (of which) Farraxv declares that it shall belong to one man until ten 
years have elapsed and to another man after the ten years have passed — it shall be 
held in the same order as he made the declaration regarding the possession (of this 
thing). But some have said that these two men should hold (this thing) jointly as well 
before as after the passage of ten years. 

A36, 16—37, 1: 

In the Testament of the same Veh-Sahpuhr (this is also) written from the words 
of the above-mentioned Veh-Sahpuhr, alongside other things concerning the transfer 
of a dastkart; "let it be conveyed in this manner together with the slaves liv- 
ing/dwelling in it (= in the dastkart)V\ 

A37, 1—15: 

It is also said, (that) under (our) late sovereign Xusrav son on Kavat, one man 
named Dandan (or: "Kaka") and another named Aturtoxm. held equal (lots) of land 
under an idol-shrine, when the temple of the idols was dug up from that place ("from 
there") by the order and with the sanction of the magupals, and a Fire-altar was set up 
there instead. When it was desired to transfer this Fire-altar to the supervision of the 
department of pious foundations, it was ordered that this land (together) with this al- 
tar should be conveyed to the trusteeship of (this Dandan) and this Aturtoxm and 
their sons and grandsons — so that Dandan and Aturtoxm should not suffer any loss 
because of this. Dandan and Aturtoxm set up this altar in the temple of the Varahran 
Fire. And as long as Dandan and Aturtoxm were alive, Dandan and Aturtoxm kept 
this Fire under their trusteeship. But after the death of Dandan and Aturtoxm, Bur- 
zak, the magupat of Artaxsahr-Xvarreh (rendered) a decision regarding (the fact that) 
through the title (given by) this order, (their) sons, grand-sons, and (their) successors, 
born from an epikieros-daughier, should hold this Fire as trustees in the same manner 
(or: "fully, entirely", or: "on the same basis") and Vatayar drew up the document. 
Dat-Farraxv son of Dat-Ohrmizd, the (h)andarzpat of the Magi (rendered the deci- 



315 



MID: TEXT 



sardarih i (13) an fnnxs ruo tt'S framan no d.it .in i Dand.nn nisfist hamc(v) lint 
frazandan (14) ut afiyaiakan i Dandan ui an i Alurtoxm nisast hnmc(v) hac fraznndan 
(ut) ap^atakan (I) Aturioxm (15) an i mch (ut) vch dariSn ut namak kart ut avast. 



A37, 15—38, 4: 



Apak anl guft ku xvastak I (16) framan but pat azatlh ut xvesfh 6 mart dat(an) an 
mart u-san frazandan (17) aflyatakan pat azatlh ut xvesih daSlan ut xves ra5 varz ut 
apatanlh apar(l) kartan (patixsay) ut an mart hamaSvcn an xvastak pat yutaklh T ha£ 
frazandan dastan ui be (2) datan oyon patixsay £iyon aparik-ic xvastak ut but asros ke 
andar patkart* (3) ku xvastak ! pat an a5venak pat apasek I pitaran apa£ ne kuniSn £e 
6-5 (4) frazandan dat estet be pat kartak pat apasek I pitaran (apa£) 6h + kart. 

A38, 4 — 6: 

Ut anl guft (5) ku ka gopet ku-m xvastak sal evak pat Fravartikan xrit 6 duxt (6) 
dat an I pat panjak I Ahunavait gah xrit pus xves. 

A38, 6—12: 

Apak ani ham (7) ajiyatkar hampa££en I pat-i£ muhr (I) magupatan magupat pat 
gofiisn (I) magupatan magupat (8) nipist ku hakar Yazdkart andar satd.zim- 1 dahorm 
pat pajahak I pes but (9) xvatayih-i£ 6y bay Anosakruvan pitaran amah frahist ut an I 
andar an satd.zim- but. (10) Ut hakar pat panjahak I pas but Hudal-it ut FarabaY ut 
Aturbozet (ut) Aturpat I Zartustan (11) andax an satd.zim- pat patixsayfh estat frend 
ka 6y6n ciyon nipist (12) estet panjahak I pes' an guft bavet I aptom uzif . 

A38, 12—16: 



An! guft (13) ku oy I yatuk xvastak i-s hast ka-san yatukih ost pat rat estet (1 4) 
ut ka-5an marnjenisn kart 6 6y ke maxnjenisn andar kart ut ka-s vikayih (15) apar 
dahend ut -vinas andar ke kart pat namclst ne paytak 6 vikayan ap(p)ar (16) ut 
zandiklh (6y on ciyon) yatukih. 



31 G 



TRANSL.-H70N 



sion) that if ihc persons who established this Fire made no disposition as to the trus- 
teeship of this Fire, then that which was established by Dandan [89] should be always 
(or: "invariably") under the trusteeship of (one) of Dandan's sons and descendants, 
and that which was established by Aturtoxm should be always (under the trusteeship) 
(of one) of the children and descendants of Aturtoxm, and specifically of the one who 
is the eldest and most pious of them; and he drew up and sealed the documents. 

A37, 15—38,4: 

Together with that, it is said (as regards) a plot of land concerning which a dis- 
position was made for its transfer to a person as an hereditary and personal share, that 
this person and his children and descendants (= sons and grandsons) (are entitled to 
hold (it) on the basis of a personal inheritance title [90], and to work (it) and build 
(on it) for themselves. And this man is entitled to possess this plot C'thing 3 ') sepa- 
rately from his sons, and to alienate ("convey 31 ) it in the same manner (= under the 
same conditions) as (he is entitled to dispose — A. P.) of the rest of (his) possessions 
(having the same title, /. e.. that of an inheritance fund — A. P.). But an unduteous 
("disobedient") one disputed this in court (and asserted) that the plot of land 
(received) on such a basis (or: "of this type" — A. P.) might not be taken away and 
returned (to the royal treasury; cf. supra All, 13 — 28, 3 — A. P.) for (failure to pay) 
an indebtedness inherited from the father (lit.: "against the fathers' liabilities"), since 
it (= the plot) was also conveyed to the sons. However, according to judicial norms 
(or: "according to the court judgement"), (the possession) was taken (from him) for 
(failure to pay) an inherited debt. 

A38, 4 — 6: 

It is also said, that if he declares: "I have conveyed to (my) daughter, the thing 
that I bought a year (ago) in the (five days of) Fravartlkan", then that (thing), which 
was bought in the five days of Ahunavait gah must belong ("belongs") to (his) son. 

A38, 6—12: 

Beside other (things) it is written from the words of the magupatan magupat in 
the same copy of the Memorandum sealed with the seal of the magupatan magupat, 
that if Yazdkart was (= lived) in the first half ("fifty years") of the tenth century 
("hundred winters"), we learn in this manner about the reigns of the ancestors 
("fathers") of his late majesty AnoSakruvan, and about those who were (= lived) in 
that century- ("hundred winters"). But if he (= Yazdkart II, 439 — +57 A.D. — A. P.) 
was in the second half "("fifty years") (of the centiiry), then (it will follow) that Hudat 
and Farnbay and Aturbozet (and) Arurpat I Zartustan also held the power in that 
century. If it is as it was written there, then the first fifty years are presumed to be 
those (fifty years) which elapsed last. 

A38, 12—16: 

(And) another (thing) is said: all the property possessed by a sorcerer shall go to 
the rat if it is firmly established that he is a sorcerer, but if he (= the sorcerer) has 
brought material harm ("destruction"), then (his property shall go) to (the person) to 
whom he brought harm ("destruction"); and if evidence is given concerning him 
(= the sorcerer), but it is not possible to establish exactly to whom in particular he 
brought harm, then (the property of the sorcerer) is seized for the benefit of the wit- 
nesses. Heretics are treated in the same manner as sorcerers. 



317 



MUD: TEXT 



A3S, 16—39. 1: 

Apak anl hat dip i patixsay-kart ul xvcSkanh-namnk i (17) karframan i-Sahnhii 
(frcstal/visch karl) paylak ku zandikih ut zxindik rooisnih ro5 xvastak (I J (xvastak , 
[6] sahTkan (apa£)7 kart. 

A39, 1—3: 

Ut an! guft ku alaxS ka apar sturih nisanct (2) saycl ul ka oh nisanct u-S xvastak 
pat sturih dahct sturih ne pat (3) raft darisn. 

A39,3— 7: 

Apak ani guft ku pat GT'k I Dat-Gusnasp T Sahr (I)(4)-Zapalakan kart ut pat 
muhr I Veh-Sahpuhj (I) magupatan magupat avast pat g6[Jisn T (5) Dat-Gusnasp (I) 
67011 nipiSt ku-m ataxs 1 pat Varahranlh 6 datgah (6) nisast ut en xvastak pat sturih 1 
man ut xveslh I ataxs dastan 6 ataxs (7) dat. 

A39, 7—8; 

Apak ani Mahraspand (I) rat but (guft ku) mart ke kart ku-m pal dutak I xves (8) 
ataxs 1 pat Varahxaiilh datgah nisast stur gumartan. 

A39, S— 11: 

Ut ani guft (9) Jcu aturan bandak (I) azatlh I pat mart ra6 pat aturan bandakJh (I) 
ha£ Sahlkan be dat (10) pat vinaskarih I xves dehpatan 6 ostan oh kart ut hac ostan 6 
yut (11) ataxs oh da I. 

A39, 11—17: 

Apak ani (guft ku) ka 6y ba7 Yahram sahan sah Yazdkartan Mihr(12)Narseh I 
vazurg framaiai patbandakih (6) ataxs" I Arrvahist ul ataxs 1 A(3z6n-(13)Artaxsatir dat 
£and sal pat an dat pat aruran dast ut pas pat fxaman 1(14) 6y ba7 Yazdkart sahan sah 
1 Vahraman ut nam I vinaskarih apat 6 dsian (15) kart (ut) cand sal pat ostan dast ul 
pas 6y ba7 Perdz sahan sah pat ham(16)pursaklh I Martbut (I) magupatan magupai 
but ut aparik dastaparan I mat csiat (17) hend pal bandaklh ne 6 ham ataxs (!> be o 
ataxS I Ohrmizd-Peroz dat. 



318 



TRANSLATION- 



ASS, 16—39, I: 

Besides other (things) it appears from the mandating document and from the 
administrative letter/ The Book regarding the Duties of Officials which (was /were 
sent out) to the sahrs, that property is confiscated for the royal treasury for the prac- 
tice of Manichaeanism/ heresy and for the dissemination of Manichaeanism/ heresy. 

A39, 1—3. 



And another (tiling) is said, that if anyone establishes a Fire with the funds of a 
^///--foundation (lit.: "on a sturship"), then (it) is permissible. And if he (=the scur) 
founds (a Fire-temple /altar) and transfers to it (=the Fire) the property which he 
holds as a Jfur-possession, then the jrurship should not be considered to have lost its 
force (lit.: "gone away"). 

A39, 3—7: 

Together with this it is said, that in the testament left by Dat-GuSnasp (from the 
family/ lineage) of Sahr-Zapalakan and sealed with the seal of the magupatan- 
magupat, Veh-Sahpuhr, (the following) is written from the words of Dat-Gushasp: "I 
have founded one Fire and placed (it) in (the temple) of the Varahran Fire, and I have 
conveyed to the Fire this thing (- property) as a possession which is the foundation of 
my .tfurship and belongs to the Fire". 

A39,7— 8: 

Besides this, Mahraspand, who was a rat, (said that) a stur (should be) appointed 
for a man who has declared (the following) in his will: "I have founded a Fire for my 
family and placed (it) in the temple of the Varahran Fire". 

A39.8— 11: 

It is also said that: for the commission of a crime a hierodulos — who is made 
free (lit.: :i is given into freedom") by the royal treasury as regards other (private) per- 
sons (= who has the status of a freeman before men — A. P.) but a slave as regards 
Fire-(temples) — is formally transferred ("assigned, appointed") by the rulers to the 
royal ostan (to perform his labour service as a punishment there — A. P.) and from 
the ostan he is transferred to another Fire-temple. * . 

A39, 11—17: 

It is also said, that when (our) late sovereign Vahram, King of Kings son of 
Yazdkart, conveyed the vazurg-framatar Mihr-Naxseh as a slave (= a hierodulos; lit. 
"into slavery 11 — A. P.) to the ArtvahiSt Fire-temple and the Apzon-Artaxshhr Fire- 
tcmplc, then,, in accordance with this transfer he (= Mihr-Narsch) stayed ("was 
kept") at the (above)mentioned Fire temples for several years; then, at the order of his 
late majesty Yazdkart, King of Kings son of Vahram, he was taken to the ostan for a 
crime/an offence, and he was in the ostan during the course of several years (cf. su- 
pra A39, 8 — 11, et infra A40, 1 — 3, A40, 3 — 6 — A. P.)\ and subsequently he was 
conveyed into slavery by his late majesty Peroz, King of Kings, with the consent of 
the magupatan-magupat Martbut and other authorities who were present [lit.: "who 
appeared" (evidently at the royal council that settled the question of Mihr-Narsch) — 
A. P. j, but not to the same Fire temple, but to the Ohrmizd-Pcroz Firc-tcmplc. 



319 



MUD: TEXT 



A40, 1—3: 

Ut an! guft (ku ka go [let) ku-m aturan bandakih [vinas]ih(?) I pal pit ut soy rao" 
(Ms.: L'-nc) vindat ka xvat (2) avinas aoak-ic pal vinaskanh i pil ui soy pal frnman i 
dchpatan 6 oslan (6h)?(3) kari. 

A40, 3 — 6: 



Apak aril Mihr-Narseh* hac zan ut rahTk ham(m)is pat aturvaxslh ut bandakl[h] 
(4) ut paristanh [91] be dat (...) vinaskanh I zan ut rahik tis nc nimiit (ut) zan-ic ut 
rahl[k] (5) 6 ostan kan en datastan apak vicir I pat-ic (be) Dandan ut Aturtoxm ham 
moyan + (6) (h)andarzpat kart (ut)? hacapar nipist estet nikeritan. 

A40, 6—9: 

Ut aiu guft ku ka g6j3et ku-m (7) xvastak pat sturih 6 zan I dutak stur dat but ke 
guft ku dat be (8) rie bavet ut but ke guft ku sturih nest ut xvastak pat xvesih (I) be 6 
dutak (9) rasel. 

A40.9— 11: 

Apak anl ha£ e(v)-kart oron pat divan I magupat + (I) Artaxsahr-Xvarreh kart 
(10) dastan ku ka zan ut frazand I cakar ra5 gojiet ku-m pat paiixSayiha zanlh (1 1) ut 
patixsaj'Iha frazaridih patigrift + an gopisn pat kar ne darisn. 

A40, 11 — 14: 

Ut apak anl (12) Pusanveh I Burzatur Farnbayan guft ku ka zan ut [fjrazand i 
cakar pat patixsay zanlh (13) ut patixsay frazandih datastan oyon ciyon kas pat puslrf 
ut duxtih patigriff he (14) ut zan xvastak (I) ka patixSaylha he apar manet ui avi-s 
raset. 

A40, 15—16: 



Ut apak aiu apar vas nipist ut avast dastaflaran kart [...] nipiSt ku-m pat puslh 
(16) patigriff. 

A40. 16—17: 

Ui anl girft ku (ka) apak zan i stur past kunet ku-m en (17) xvastak 6 ic 
frazandan oyon dai ku 6 dutak ke to pat-is stur heh... 



320 



TRANSLATION 



A40. 1—3: 

It is also said, that if she declares (the following) "I have obtained the hierodu- 
/ate (= the status of a hierodule) as a consequence of [an offence]? committed by (my) 
father and husband", then even if she herself is innocent, (she) is formally transferred 
("assigned") to the ostan by the rulers because of the offence of (her) father or hus- 
band. 



A40. 3—6: 

And again (the following). Mihr-Narseh together with (his) wife and slave were 
conveyed (to a temple) for their respective performance of the duties of aturvaxs [92]. 
slave and hierodule. ... (And even though) nothing pointed to any offence of the wife 
or the slave, both the wife and slave were also sent to the ostan (= the royal do- 
main/the royal household). 

This decision should be examined together with the decision taken by the already 
mentioned handarzpat of the Magi with regard to Dandan and Aturtoxm (and) con- 
cerning which it was written above (cf. supra A3 7, 1 — 15) [93]. 

A40 f 6—9: 

It has also been said, that if he declares: "I have conveyed a thing as a stur- 
possession ( : for jrwrship') to the woman who is a family's stur", certain (authorities) 
emitted the opinion that (in this) case the transfer does not take place (=is not 
valid — A. P.), whereas some have said that conveyance on the basis of jfurship (lit.: 
"the j/wrship") cannot take place and that the thing shall go to the family as its own 
possession [94]. 

A40, 9— 11: 

And also hereupon in the chancellery of the magupat of ArtaxSahr-Xvarreh, it 
has been decreed to. take into account (lit.: "have, hold"), that if (anyone) declares as 
regards a wife and child from a ca£ar-marriage; * ; I have received (her/him) as a 
patixsay-wife and as ^a^Moy-children", then such a decision should not be consid- 
ered to have legal force [95], 

A40, 11—14: 

Besides that, Pusanveh I Burzatur Famba-yan has said, that when (a question of 
the taking) a wife or child from a caA'or-mariage as a patixsay-vrift and patixsay- 
children (is examined), then this question is resolved in accordance (with the existing 
general rules) for the adoption of a son or daughter. And the wife, if she becomes a 
patixsay one, shall inherit (her husband's) estate and it must go to her. 

A40, 15—16: 

Together with that, in many documents /writings sealed with a seal, authorities 
have established [...] wrote /written: "I adopted". 

A40, 16—17: 

It is also said, that (if) anyone makes (the following agreement with a woman 
who is a family's stur, "I shall convey this thing to your children in such a way that 
the family of which you arc the stur, ...". (The text breaks off here - — A. P.). 



321 



■NOTfcS TO Til E TEXT 



1. This article supports tin: f;ir.l that the terms bandak and ansahnk were not 
synonymous when used in combination with the word ataxS, "Fire(-temple)". The 
expression ataxs bandak or bandak 1 ataxs, liad the technical sence of " hierod ulos" , 
whereas ansahrlk f ataxs merely designated a temple-slave, t. e. a slave belonging to 
a temple. 

2. ;. v. , the heirs of the late head of household and the co-heirs of his son and 
successor. 

3. /. c, the successor does not have the right to claim from his co-heirs who 
are not successors a participation in die settlement of the debts of the de cuius cor- 
responding to their share of the inheritance. 

3a. Lit. "what (= the part of the debt from which) they (= the judges — 
A. P.) release (these persons) is the same as (that) from which the}' release (in the 
case of) warrantors". 

A. The annulment of a warranty-contract by the creditor after the expiration of 
the time limit set for the discharge of the original debt could entail the cancellation 
of the debt or come as the result of its settlement by the debtor. 

5. The political term, dahyupat (dhywpt. Aw daigiiaus dairjhupaiti) meaning 
'ruler, supreme secular power' was an archaism for the period of the Law-Booh. 
Like the article itself, it is undoubtedly borrowed from the Pahlavi cpmmentary on 
one of the legal nasks o[ the A vesta. 

6. The plaintiff apparently brings the thing to court in token of his protest 
against the form of compensation for the debt or for a portion thereof. 

7. The reference here is to suits dealing with very small amounts or wirh minor 
misdemeanors. 

8. The various shades of meaning of the term dasicBjr must he iriktin into 
account for an understanding of lines 7 — 8 of this article. In the first instance. 
Farraxv's role in the case is seen as that of the person disposing of the thing (= sel- 
ling it), and as such, the one summoned to confirm Mihren's title before the emirv. 
In the second instance, however, his participation in the case is that of an agent 
(= mandatary) having sold a thing conveyed to him for such a purpose and obliged 
to respond to a suit brought by the buyer. As a defendant (or as one of the litigants 
in general), Farraxv was not obliged to appear in person at the place wlu:re the 



322 



NOTES TO THE TEXT 



case was being tried; lie could pass this obligation to his "legal representative", 
ydtagop. Vide infra, 6, f — 9. 

9. The word "disposer" found in the ms. is probably a lapsus calami on the 
part of the scribe. 

10. The presumable substitution of dstwbl for d'twbl in the ms.by the copyist 
is by no means extraordinary and is easily explicable here because of the great 
graphic similarity of the two words, as well as the prevalence of the first term in 
the text of this article and of the entire chapter. The article can, however, also be 
understood without the proposed rectification. The alternate translation of this 
article would then be: "If an agent (= a mandatory, or: the latter's mandator, a 
person having disposed of a thing and defending in court the respondent's title to 
it — A. P.) demands — concerning the thing regarding which he (is appearing in 
court) as the disposer — the summoning of a court session with the participation of 
the disposer (= the giver of the mandate or other disposers, i e, , the former legal 
possessors from whom he received the thing and who are capable of confirming 
his right to dispose thereof — A. P.); then (such) a session must be arranged 
('given')". 

11. The correction of ms. psym'l "respondent" into pysym'l, "plaintiff" seemed 
advisable for the sake of a more coherent translation. 

12. It is considered as the estate of the father, not as that of the adapted son, 
and is, therefore, liable to descend — via .sriirship — to the father's personal 
successor. 

13. The beginning of this article coincides with the article 69, 10 — 12. 

14. Cf. the Avestic formula pasu vira, Umbr. viro pequo, Lat. pecudesque 
virosque. See, H. Lilders, "Eine arische Anschauung fiber den Vertragsbruch", 
SPAW, XXVT (1917), pp. 366—368; E. Benveniste, Is Vocabulaire des insti- 
tutions indo-europiennes, I (Paris, 1969), pp. 41 — 52. 

15. The bona adventicia are intended here. 

16. The content of this article coincides with that of article 31, 15 — 32, 1. The 
reference here is to a suit brought by a third party demanding the settlement of a 

debt of the late head of household. 

• 

17. After a woman or a minor has been endowed, through an agreement, with 
the legal capacity of acquisition, they become the acquirers of transfers conveyed to 
them from outside and not the head of household. 

18. The Avestan phrase yd he pascaita, having the conventional sense of 
"auxiliary or substitute succession; the charge of creating a successorship for a man 
who died sonless, stiirship", forms here a part of the attributive syntagma and is 
given in the ms. in both the Avestan script and in the Pahlavi transcription. 

19. The situation considered here is presumbaly one in which the stur 
instituted by the father is removed from the jrturship by a court decision because 
of some circumstance or misdemeanor and a new stur must be appointed for the 
dead man. 

20. Tn other words, when a daughter assumes the Hpiklnmta for her father, her 
marriage "with full rights" [= pdtixMyih\must be transformed into a marriage sins 
maim mnriti. 



323 



NOTES TO THE TEXT 



21. Lit.. ";i guardian must be appoint ft] for the snn's f;miiiv". This mentis thai 
t.lu: point, of departure fnr the calculation nf tin- degrees nf kinship in t.hc: select mi 
of a candidate and the appointment of a guardian on the basis of agnatic calling 
must be tbe son who died after having conic of age. 

22. Inasmuch as the Fire-altar was already in existence at the time of tin 
offence committed by its endower, the latter' s disposition was not liable tr 
annulment — an existing Fire-altar could not be destroyed. The only possible ster 
was the alteration of the clause concerned with the trusteeship in the deed o: 
endowment. 

23. The share of the endower is intended here; i, c\, the excess revenue fron 
the foundation which customarily went to the endower/ trustee and his family. Tin 
institution of a Fire-altar was always accompanied by the conveyance of a property 

■■"for the soul"; C/*. 51,2— 6. 

24. Property conveyed by the giver before committing an offence is not taker 
away from the new possessor to pay the fine imposed upon the giver for his offence 
If, however, the offender willed an estate to someone, and the recipient has not yel 
entered into the rights of possession, then the sum needed to cover the fine, etc 
shall be subtracted from the willed property. Cf. 30, 17—31, 2; 31, 2—3. 

25. According to article 106, 9 — 11, a slave (evidently a Zoroastrian) could b< 
subjected to the ordeal (= to testify under oath) in a case regarding his revendi 
cation of his freedom. 

26. What is intended here is the original loan agreement secured with i 
pledge, which remains in force, and not the subsequent agreement with Farrax^'. 

27. The copy of the document setting down the terms of the loan transactor 
held by the creditor was equivalent to a promissory note and consequently had tc 
be returned to the debtor just before the settlement of the debt. 

28. A dastkart is obviously intended here. The case under consideration is thi 
pledge of a landed estate together with its inventors' which included the slave. Cf 
3S, 13—17. 

29. The equivalent of the price of the slave who remained pledged had to b< 
conveyed to the debtor-pledger having settled his debt as a guaranty that the slav< 
would be returned to him. 

30. /. e. after the expiration of the time limit for the return of the loan, if th< 
loan-contract stipulated a time-limit, or after the refusal to satisfy the demand o 
the creditor that the debt be settled, if the time-limit was set by the wish of thi 
creditor (= until his demand of a settlement) rather than bv contract. 



31. As security for a debr contracted by the creditor with a third party. 

32. Lit. '"from among the kinsmen of Farraxv by birth from a daughter" 
cf. also the term duxtddt = Gk. tH^yaTpiBoug = Skt. putrikaputra , "a succcssur-soi 
through an epikleros", 

33. The necessity of appointing a stur for Farraxv who had a son and ; 
grandson from that son might arise in one of the three following cases: 1) Farraxv': 
only son Pusak died before his father, then his own son might have to take: on hi: 
grandfather's succession; 2) although he already had a legal successor, Fn.rn^ 
instituted a supplementary succession for himself (stur i kartak) but did not tlesig 



324 



NOTES TO THE TEXT 



nate the stur, in such a case his agnatic group had to appoint a stur for him; 3) 
Farraxv instituted a sit/irship for himself and designated the stur, but this stur died 
without producing a successor, in such a case his agnatic group had to appoint a 
stur for Farraxv. In all cases of the appointment of a stilr, the choice fell on the 
dead man's nearest kinsman, a practice noted in this article as well. 

34. This is a case where the grandfather on the mother's side has no direct 
successor. In such a case his granddaughter through a daughter may be called to 
assume his succession (i e. to the epiklerate) and she would receive her mother's 
share (= her mother's daughter's-share in her father's estate) which would thus 
return to the family of her mother's father. 

35. Should the eldest sister marry, the grandfather's epiklersXt shall be assig- 
ned to the younger sister (= the next in order of seniority). 

36. The first formula ("after my death") is invalid on formal grounds: the 
transfer of the sturship after death took place only by court decision or through 
agnatic designation. The transfer by a natural stur (in this case, by the mistress of 
the house) could take place only "in case of death". 

37. A man having assumed the 5tarship in the line of natural (butak) calling 
(e. g., a brother, a son or grandson of the dead man) had the right to dispose of 
the star-endowment in accordance with the regime of an estate acquired as an 
inheritance-share; i. e. , he could appropriate the entire revenue (or interest) derived 
from it, obviously minus the amount needed for working and restoration expenses. 
A female "natural" stur, as well as a stur (of either sex) of another type (either 
"instituted", kartak, or "designated", gumdrtak) could possess such an endowment 
only on the basis of a ^iilr's-possession with the right of appropriating merely a 
given share of the revenue (or interest) — one corresponding to the reglementary 
payment for sturship — from the estate. Everything left from the revenue after -the 
subtraction of the payment and the working expenses was evidently added to the 
"principal" of the endowment: the permissible forms of disposal of this share by the 
star-possessor were contributions to religious charities and pious foundations (Fire- 
altars, foundations "for the soul") usually dedicated to "the soul and posthumous 
cult" of the person for whom the starship had been instituted. Indeed even the 
principal or at least a portion thereof, could be disposed of for such purposes. 

38. The case under consideration is one where all other possibilities in the 
circle of the dead man's nearest agnates have been exhausted or when the dead man 
in his own lifetime appointed as stur his cc/tdr-wife who had already assured the 
suc-cession of her husband from a pdttildi/r/i-marriage. 

39. The number 70 in the ms. may be an error. Alternately, this phrase should 
be taken conventionally as setting the age limit for the appointment of a cakar- 
widow to the sturship of her ca&ar-husband and her performance of this function. 

40. The case intended here is one where the remainder of the escheated estate 
(or of the instituted star-endowment) after the settlement of the debts contracted 
by the dead man is insufficient for the institution of a starship (i. e. , it is less than 
GO drahms I satersl) . 

41. According to the interpretation attributed to Veh-6hrmizd, minors who 
became .stars would remain such unless they refuse the starship upon coming of age. 

42. "Profit" or "increment" is to be taken apparently as the entire amount of 
revenue or increment from the estate conveyed to tiie instituted Fire-altar. Cf. also 
27, 'J— 12. 



325 



NOTES TO THE TEXT 



■43. Consequently, Ihr dinighler ;nul 1 lit- son ritri-ivc etpially. 

44. A son born I o l.lic nii.sl.rcss of tin: house ;ifter llic division of I In: inlicril.'infc 
of Uh: late head of household has taken place ;incl after her daughler has married 
and consequently received her share of her father's estate, shall receive his mother's 
.share and not his sister's share. 

45. /. e., if one thing consists of two definite parts with two legal titles, then, 
if one part is destroyed, what remains is one (= a whole or entire) tiling with n 
single legal title. 

46. The copyist's interpolation (Vahuman) enclosed here in pointed brackets 
results possibly from his mechanical association of the word - *\3i?Jl-&' (= hm!\KSY' 
- hamxvdstak) with the outwardly similar -HO- 1 U JiQJ^ (= hampursakih) which in 
Pahlavi religious texts is severally attested linked with Valiuman when rendering 
verbal forms of Av. fras- and Av. [rasa- (fern.) used with Vohu Manah-. See more 
particularly the Pahlavi commentary on Y.44, 8; 44, 13; 45, 6; 47, 3; 49, 2. 

47. A possible though less satisfactory' translation (of lines 14 — 15) would be. 
"Except for the one (of the co-heirs) who is endowed by the (late) head of 
household more than the others ('preferentially').-.". 

48. It is likewise passible to read 6 bavet (= avi bavaiti) in line 3 which 
should then be translated, "...accept, then they will receive it as inheritance". 

49. The status qua ante shall be reinstated inasmuch as the receiver infringed 
the condition of the agreement by which the thing was conveyed to him without 
the right of transferring it to another person. 

50. The text of this article may be corrupt. The incomprehensible word 
•^.D-*-' is also found in article 108, 6 — 8. From this point the translation of the 
article is hypothetical. 

51. Specifically, if the transfer for adoption was made with the utterance of a 
formula presupposing the complete loss by the one adopted of a place in the family 

of his natural father. 

52. The promise to bring to court the principal litigant — in this cast; the 
plaintiff who gave his mandate to the representative — might be provoked by the 
indispensability to authenticate the title of the legal representative if he did not 
have with him the document confirming his mandate. See also 77, 12 — \4. 

53. The text enclosed in parentheses is a variant of the formula for the 
appointment of a legal representative. 

53a. In its eschaiological sense. 

54. Evidently for the older one, 

55. Specifically, as a result of the fact that the woman's second hushnnd died 
while still a minor and she thereby continued to remain under the guardianship of 
his father: her first husband, 

56. Cf. the Rirui/at f Emet f Aiavahistan, B. T. Anklesaria ed. (Bumbnv, 
19G2), Xlll, 17. 

57. The refusal of the creditor to accept the estate of the. debtor (vim is 
evidently dead, here) carries with it the liquidation of the lattcr's indebtedness- 
es. What is being considered is the conveyance by the creditor (A) to a third 

person (C) of the right to claim for his own profit the interest loan which A. lent 



3?r, 



MOTES TO THE TEXT 



to another person, the debtor (B). As a result of this transfer, C becomes B's 
creditor. 

59. /. h., the epithet "defender of the interests of the destitute", yatakgap I 
driyosdn (cf. infra the "Glossary" s. v, driyoSdn) appeared on the official seal of 
the magupat of Pars instead of his title. 

60. The number 1000 may be an interpolation by the copyist. 

61. Another possible variant of the translation of 1, 7 in the ms. is "and that 
the investigation of these (affairs, i, e., of legal affairs in which slaves are 
involved) should be excluded from (the procedure established) by this edicc (of the 
magupat Burzak)". Cf. also supra 92, 6—10. 

62. The text breaks off here. On the free margin of the page there is a note in 
Persian dated in the 1006th year of the era of Yazdkart (- 1637 A.D.) which gives 
the information concerning the exchange of this manuscript by its possessor, the 
daughter of Asfandyar NoSirvan for a manuscript containing the YaSts and the 
Visparad. The exchange was made with her brother Rustam Xosirvan Bamanyar 
who also paid her one thousand dinars. Cf. MHD I, p. xii, 98 st supra "Intro- 
duction", p. 9. 

63. /. e. Ohrmizd IV (A.D. 579—590). 

64. The alteration by a party of its testimony to the court could not be 
imputed as a legal offence liable to a punishment — a fine, if the truthfulness of the 
last testimony was incontrovertible {cf. 102, 11 — 12). Some attention may also be 
paid to the fact that in the case cited, the proven title to the thing, cited by the 
litigant in his second testimony presupposes his holding of a fundamental real right 
(personal property), and not a derivative (possession of a pledge) which he claimed 
in his first testimony. 

65. The case referred to here is one in which the co-partner or warrantor 
refuses to pay and the matter is taken to court. 

66. The reference here is to the case of the death of a childless man having left 
no available estate, or in any case not enough for the institution for him of a stur- 
succession. 

67. Through a will or through a transfer with a stipulated date of entry into 
effect. 



68. The manuscript has "to Farraxv" which makes no sense from a legal point 
of view and contradicts the general context of this article. The substitution of 
names was evidently suggested to the copyist by the refrence to the death of Mihren 
in the preceding line. 

69. That is to say until the time when the relinquishment of the thing valued 
at 60 (drahms/satersl) to Mihren comes into effect and a sturship which will 
acquire the dead man's income may be established. 

70. /. e., she betrays her husband by living with other men. 

71. If while she is the stur of her late husband she refuses to live with his 
agnate. 

72. If the declaration regarding the conveyance to the second person takes 
|ilace within the time-limit for the rejection of the first transfer. 



327 



NOTES TO THE TEXT 



73. Tin: words enclosed here in pointer! hmrkH.s may lu: a ];ilt:r interpolal i on. 

1A. In the interpretation of the expression dot past — xuas as l!ie I wo halves 
of the formula pronounced by both parties at I he conclusion of an oral declara- 
tion — after whicli it goes into effect, and in the corresponding correction of the 
ms. NPSH = xvef into xvaL I have followed Chr.Bartholomne, "Zum sasanidischen 
Recht", I, SbHAW (1918, Aht. 5), pp 13—20. 

75. The heterogram YK(=Q)TLWN- = dzatan (Iran, m gan-) "to kill" in the 
ms. is probably used to render the homonymous verb dzatan {'zdm-) "to condemn". 
Cf. infra "Glossary", s. v. dzatan. 

7G. If the word vicir has the sense of "document" here, the following variant 
translation is possible. "The drawing up by the same judge of a later (= antedated) 
document instead of an improperly drawn up document regarding a judicial deci- 
sion is to be considered invalid". 

77. This article contains a typical example of formalistic analysis for the sake 
of which the expression Asafidr-nipek "List of Horsemen" {.Cf. A16, lh — 14; A16, 
14 — 17, 1) is split into two seemingly independent elements. An analogous case in 
found in DkM , 595, 11—19. 

78. This article derives from the separation of the title to the land (= soil) on 
the one hand and to the vineyard and the trees planted on this plot — on the other, 
as well as from the separation of the title to the vineyard from the title to the 
remaining economic elements included within the complex of the dastkart. 

79. The original text has ce (lit. "since, inasmuch as, because"), a conjunction 
that introduces a phrase through which the author attempts to clarify what led him 
to note the equivalence of the given (= third) formula to the two others cited 
above. The beginning of this phrase might be translated: "(and the equivalence of 
the last method of expression to the preceding nvo is noted here/should be noted), 
because when he formulates (his declaration with the word) 'or', there are people 
who argue...". 

80. With yat-gehan cf. Av. ydi3m gaiOanqm, Fr I ohn, At. This article is en- 
tirely borrowed from a legal nask of the Avesta as witnessed by the content and by 
the archaic social terms found in it. In particular, the term, dehpat, has here its 
ancient meaning of "ruler, sovereign". The translation of the end of the article is 
puzzling. *• 

81. The translation of this article is hypothetical. 

82. The ms. has "tl t 10 1 1J, which in my opinion may be interpreted as P^T-5, 
where P\VT is the corruption of the heterogram *TPWT< *TBWT('). Mute and 
voiced consonants, particularly plb {petbcih) were often confused in the. renderings 
of Aramaic heterographs in Pahlavi {e. g., SPWN7SBWN = her, GB'/KP' = kafiit, 
GWBKT7 GWPT = pantr, HNDB7HNDP* = kdsnt'k, GB(B)H/GPH = pust) . One 
should also note Aram, tethlthaw ke£/i>Pahl. pe in the heterogram TWP' <: 
<"TVVTB' (j/dTiiak). The restorable form "TBWT(') corresponds to Aram. 
*tabbu8S, "seal", cf. Akkad. tabbu, Hebr. zabba'at. For the dropping of the initial, 
cf. Pahl. ML' (= iahtkdn) < "HML". The heterogram may be read as muJir (the 
normal, historical spelling of the word, is miudr) or as muhrak, which had a cquired 
the sense of "a document", cf. Arm. murhak (<muhrak) "a document", specifically 
"a document authenticating n title". Such an interpretation is entirely comsonant 



328 



NOTES TO THE TEXT 



with the contest; cf. the expression muhr patigriftan (A30, 3—5), nipBt ut avast I 
dastapardn patiglriind (A35, 12 — 13) attested present in contexts similar to this 
one. 

83. In other words, the principal contractor can be pronounced insolvent only 
if his warrantor is likewise insolvent. 

84. Cf. the "Corpus juris der persischen Erzbischofs Jesubocht", E. Sachau ed., 
Syrische Rechtsbilcher, III (Berlin, 1914), VI, 1, § 7. 

85. In other words, the term "document" should be taken as indicating the 
unity of the written text and of the seal. 

86. The reading is hypothetical. The ms. has wn'dsn (with the -d- rendering 
the pronounced -y-l-h-1) instead of the usual historical orthography wn'ssn. 

87. The discussion apparently concerns which of the formulae, "bora into the 
family" or "cakar-son" is preferable for an official document. Cf. supra A35, 11 — 
12, et infra A3S, 13—14. 

88. What is intended are the relatives and descendants of the persons desig- 
nated as trustees by the institutor of the foundation, in this case the successors and 
kinsmen of the trustees appointed by Mihr-Narseh. 

89. What is intended is the property which each of the two founders gave the 
common endowment for the Fire, specifically the corresponding plots of land and 
other possible dedications. 

90. That is to say as a possession which may be included in a transmission 
fund and which shall go to the principal holder's own successors. 

91. The ms has knskyh, a corruption of the heterogram KNSK(yh) at the foun- 
dation of which lies the word kanaak "a maiden", "a maidservant" , given in 
Aramaic /Parthian orthography and serving in Pahlavi writing as the heterogram of 
the word paristdr "maidservant" (FiP XIII); in the present text a "hierodule". 

92. A person obliged to watch over the Fire in a Zoroastrian Fire-temple. As it 
is seen from the context, Mihr-Narseh as a hierodulos bore the duties of dturvaxs in 
the temple, whereas his wife was a hierodule in the same temple, and his slave — a 
slave (evidently serving them). 

93. The final phrase gives the impression of having been accidentally included 
in this article, whose content in no way echoes the case of Dandan and Aturtoxm 
(A37, 1 — 15). It presumably ended an article omitted by one of the copyists of the 

text. 

94. The basis for this case and its solution is that a woman who has already 
assumed a sturship is not entitled to take upon herself a second jturship. Therefore, 
either the transfer of the thing to her for a second 5£urship is invalid, or the 
transfer remains in force but alters its nature of a transfer intended for the insti- 
tution of a sturshlp; and the thing conveyed to the woman is included in r.he family 
estate (= family property) of the family of which the woman already is star. A man 
as against a woman could be burdened with the sitlrship of several persons at the 
same time. 

95. The taking of a cakar-wife as a patixMy-w\{c, as well as the adoption of 
her child from (her) ca&ar-husband, could take place only if her eldest son came of 
age, and if — having become the successor of her (late) pdtixMy-husba.nd and his 
own mother's guardian — he sanctioned this action. Cf. the next article. 



320 



GLOSSARY 



1ST* 



abar: "bearing no fruit; bringing no income /revenue". — 34, 4; cf. bar. 

abait: "undivided" — 53, 16; 54, 1, 4, 5, 16; 94, 17; 95, 3; 96, 11; A20, 14. — See 
baxtan, baxtlk, baxtikih. 

apyatak ('wb'tk'): "posterity, descendants". — 96, 15; 101, 10, il; A16, 12, 13, 16, 
17; A 35, 16; A37, 6, 10, 14, 17. — P. Ps. 'wb't = a(v)vat "generation, family", 
Jud.-Pers. 'w'd (avad<awat<*aJ3yat<*abi-gata-, MacKenzie, BSOAS, XXXI 
(1968), 251. 

abo5lh: "unconscious state". Term designating the unconscious state of a delinquent 
at the moment when he commited an act of physical violence (struck "a 
blow"). — 10, 10. Antonym Av. bao68.var$ta-,AirWb., 920. 

apurtan, a(3aix "bring". — Passim; apac apurtan "to take away, remove from; with- 
draw from transfer, annul". — 4, 6—7; 30, 8, 11—13; 31, 1—2, 5—17; 32, 17; 
49, 15; 101, 3. 

aPyatkar: "document, memorial". — A34, 7, 12, 16; A38, 7. 

a(Jzayi$n: "increase; growth (of trees)". — 39, 1. — See afizutan. 

apzan: "increase; growth; profit". — 40, 16, 17; 85, 13, 15; 86, 1. — See afizirtan. 

apzutan, apzay: "increase, augment, grow (of prices)". — 54, 14; 85, 14, 15, 17; 86, 
1; 66, 12, 16. — Iran. *abi-gav- t OP abi-javaya-, NP afzudan. 

adahisnlh: "non-transfer, absence of transfer 1 '. — A21, 14. — Cf. adat, dat, datan. 

adastapar: "unentitled, unempowered" — Cf. dastafiar. 

adat (butan): "non transferred" (regarding the revocation of a transfer or declaring it 
invalid. — A9, 15. — See dat, datan. 

adchlk: "fellow-citizen, member of a community". — 44, 2 — ■ Corresponding to Av. 
a.dahyav-,AirWb., 320; cf also DkM, VIII, 707, 21—22. 

a5eniSn; "entry; bringing in". — 98, 4. — Iran. *adi + ayana-7 Cf MMP 'cfyn- 
"bring, lead". 

aSvcnak: "mode /variety". — Passim. — Cf in particular aSvenak J dat, abvenak T 
xveSlh, aSvenak J da$t{ari). 



333 



GLOSSARY 



aOvcn (hutan): "lo be proper, appropriate; due". — A22. 7, 9. 12. 15. if>. — Iran 
* cibi-daina- "custom, norm"; Pnrth. a/iScn > Arm. owrcn "custom, norm, law", 
awrinak "example, model", )A? ayln |Hcnning, 77 J X ( 1 944, HOj. 

For constructions with the copulative verb, cf the Arm. caique awrcn e, clc. "to be 
due (by right, by custom); be proper", and 'bdyny YHWt in the Parthian version 
of the inscription of Sahpuhr i {SKZ, 19). 

aframan: "invalid, aKupo;". — 28, 13; 96, 7; A18, 5; A23, 17. 

agrafl: "an unpledged thing, one free from hypothec", agrafl kortan: "to redeem a 
pledge, release from hypothec". — 38, 13; 40, 4. — Cf graft, graplh, grafiakan. 

agrafl: "subject to seizure (for the settlement of a debt)". — 89, 9. — Iran. *a+grab-\ 
Av. a-grab- "to lake"; to claim as a fine, as a punishment" (Nir. f 54). Cf nexi 
entry. 

agrapih: "seizure (in settlement of debts)". — 29, 12; 62, 15. 

ayden: "infidel, heterodox"; aydenJh "non-Zoroastrian faith" — 1, 13, 16; 44, 7; 60, 
16, 17. 

ahambatlklh: "lack /absence of hostility". — 79, 8. 

ahang: "order, mode (of arrangement); rule". — 13. 13; 35, 1. — NP ahang 
"plan, sketch; manner, mode; harmony"; cf Arm. ahang "order, disposition 
(of troops)". See also s. v.frahaxtisnlh. 

ahanjisn: "raising /increase", lit. "pulling out, raising" (regarding the deliberate in- 
crease of the seriousness of an offence). — A14, 17. 

ahok: "guilt". — A34, 15. — NP (ShN 7 T-7?) aho "vice, sin. fault; disapproval, repro- 
bation"; Arm. (< MP) ahok "fault; damage, shortcoming; reprobation; accusa- 
tion". 

ahramoyih; "heresy". A category of offence — A34, 10 r 12. 

ahravdat: "religious beneficience and act of piety; foundation for pious purposes". - — 
31, 2; 34, 14; 36, 1; 60, 1; 61, 14; 71.. S, 14,'l7; 72, 2: Al.l. Cf also s. v. ruvan. 

Ahunavait gah, panjak I Ahunavait gah: "the five days of the Gatha dhunavaitT"' 
(this corresponds to the five "intercalary days of the year, the holiest in the sixth 
gahanbar t the Frcn-artlkan, of which the celebration began five days before the 
end of the lunar year. The first intercalary day bore the name of the Gatha 
ahuncrs'aill. the first in the Yasna). — A38 T 6. Cf also a. v. FravariJkan. 

akancn. pat akancn: "jointly"; this designates the relationship of co-partnership and 
correal (joint) responsibility. (Antonym vur-vi//, pat yuiakih). — Passim. 

akaslh: "knowledge, information"; hoc akaslh 1 "with the knowledge of". — Passim . 

a-miin: "a minor, not mature, not of age". — 51, 12 — Possibly a derivative of lr. 
*mo-<l-E *meH2- "rechtzeitig sein"; cf Lat maturus "rcchtzeitig" >"reif'; "vor 
der Zeit">"zu friih", "zur Unzeif. Hitt. mchur "rcchtzeitig sein"(see Eichncr, \ 
MSS3\ [1972], 53—100, esp. p. 89, n. 28). For Iranian cf LAY in Arm. parmani 
"a youth (having reached the age of consecration into the life of the commu- 



334 



-•)£* 

fr 



GLOSSARY 



nity)". The text of 5 1, 6 — 12 having many gaps, one cannot be sure of this inter- 
pretation. 

imar: "taken into consideration". — 8, 11; 23, 13; 48, 10; 56, 11; 59, 6; AS, 3. 

imatan, ay-: "to come". Technical usages: 1) mat estatan "to appear (in court or in 
any other office)", also "to appear within the stipulated time limit (for the set- 
tlement of a debt)", cf e. g. 41, 3, 4; 53, 17; A39, 16. 2) "to come to (through 
transmission or transfer), to pass into the possession of; xvastak T pas mar, pas 
mat darisn = '"'bona adventicia"; apac amatan "to be returned, revert to"' (of a 
thing), e. g, 6. 3; 7. 2; 8, 4; 9, 16. 17; 10, 5: 14, 6: 30, 15; 31, 16; 34, 16; 35, 1. 
6: 105, 16; 108, 7; All, 4, 10. 

amrav/armav: "date; date-palm". — 40, 15. — OP *hamrava-/*armavaka- (various 
spellings in the Persepolis Fortification Texts), NP xurmd. Cf. Arm. armaw 
"date", armaweni "date-palm" (Hubschrnanri rJ 4G I, 111). 

Ana-yran (ro£): "the dzyAnayran". — 71, 9; 108, 6. 

anaftan, anam: "to remove" (from office). — 75, 16. — Iran. *j- + nam-, *ana- 
maya-; Andreas-Barr, P. Ps., s. v.; Henning, Verbum, 190; Benveniste, BSOAS, 
XXX (1967), 505—511. 

anandarz: "intestate". — 27, 16; 44, 9; 47, 3; 90, 3. 

anasan-tan: "unhealthy, sick". — 8, 11. 

anasf-gopiSnlh: "slander, falsehood" (offence). — A34, 12. 

anastih: "spoiling, destruction; falsification" (of a seal). — 99, 2. 

anattan: "insolvent", anattanlh "insolvency". — 39, 3; 56, 6; 57, 9; 58, 17; 59, 1, 
3—5, 7; 60, 8; A13, 17; A32, -I — S.—Cf attan. 

anayar: "failure to give aid". (The failure to give aid /assistance is listed as a serious 
offence). — A15, 10. 

anbas(s)an: "accuser, plaintiff; opponent, adversary"; anbas(s)an ah-tbutan "to ac- 
cuse, bring an action (against s.-o.), sue; to object, dispute, contradict"; A. hac B. 
anbas(s)dn "A. brings an action against B.". — 8, 9, 12; 74, 10; 84, 1; 101, 2, 4, 
7; 102, 4, 17. — Cf. MMP -'mbs'ii 1) "calumniator"; 2) "legal action". — Iran. 
*ham-pati-sana- (from *sa- "say, declare", if OP -da- = Iran. *sa-, but see 
C. Haebler, Sprache, XHI, 1967, 83f.) or rather *ham-patisa{n)hana~ (from 
*sa(n)h- "id ")>MP *hampat'sdn > {h)ambas{s)an> anbas(s)an. Cf Arm. am- 
bastan "accuser, plaintiff; calumniator; accusation, legal action; calumny 51 with 
metathesis from an earlier *ambatsan <M. Med./ Parth. *ambatisan. See my 
Material}/, 107 — 113. See also the next entry. 

anbas(s)amk: "contradicting". — All, 10. 

andicak: "proof, example". — 55, 14; 83, 13. — Iran. *hamtad- (7); MMP hnd'c-, 
P. Ps. 'nd'c-, 'nd'xty "to measure, plan, calculate; to judge", NP andaza 
"measure, proportion". For the sense "proof, cf. Arm. (Vth C.) andae'em, 3 
ndae'em "to investigate; to prove, demonstrate". 



335 



CLOSSAJIY 



andar/,: sec (h)andarz. 

aner: "non-Zoroastrian". — 3H, 2; 44, 7. 

anltan, anay: "to bring, lead; to bring forward /produce a witness or a document". — 
77, 14, 16; 91, 2; A26, 1. 

*an1tar: "alien, stranger", — 71, 7. — The reading 'nytr of the spelling r 9 -'^ may 



be interpreted as an'ilar "alien, stranger" < Iran. *anyatara-, comparative or 
anya- "other; alien", or as the adjective from the adverb anyat. For this formula- 
tion cf. Iran. *abilara-, Av. aiwitara- "alien, foreign". Arm. awtor "foreign, for- 
eigner". Cf. also Gk. dW.otpio; "alien, foreign" alongside Skt. anyatra "in an- 
other place". For the use of the restored word in the context hac kust i anitaran 
"via strangers, outside the line of agnatic calling" cf hat kust i 
xvesavandan I n abanazdisian "via agnates; according to agnatic calling". The 
word seems to be a hapax. Morover, the spelling being doubtful because of a blot 
in the ms. (see Modi's note in the facsimile ed., p. 13, infra), both the reading 
and the explanation proposed here are conjectural. One could perhaps analyze 
the spelling as a Pahlavi rendering of Av. aiwitara- 'alien' (AirWb., 90) 3 cf. 
Aim. (from Paith.) awtar 'alien'. 

anSahnk: "slave; slave-woman". — 1, 2, 4, 6—11, 13, 14, 16. 17; 7, 5; 11, 17; 12. 4, 
7; 18, 10; 20, 8, 9; 31, 16, 17; 33, 11; 38, 13,15, 16; 39, 2—5, 7—9; 85, 1; 48, 
14; 54, 12; 58, 16; 64, 12—14; 69, 3, 4; 94, 6, 8, 10—13; 96, 14,15; 97, 3, 5 ; 98, 
5; 101, 15; 105. 16;107, 10, 11; 108, 9; A2, 11, 13, 16, 17; A3, 6, 8—11, 13; A5, 
2, 10; All, 12, 14; A18, 3; A37, 1.— Lit. "foreigner": cf Arm. loan word 
anasxarhik "foreigner, stranger" from MMed.. *an-axsahrik. Cf also ban dak. 
paristar(Th). rahtk, tan, vesak/vesak. 

ansahrlklh: "slavery". — 11, 17: 33, 13; A31, 16. 

..'mv'n (?): "smart money". — 30, S; 31, 1; 71, 8, 13, 14, 17; 72, 1; A12. 17: A13. 
8. — The spelling is 1 r° I V. The reading is not known but the meaning "'smart 
money" can be established with considerable security. The word is used together 
with. ta\>an "fane'' and is formally opposed to it. 

ap: '"water" (for irrigation, for mills). — 33, 10; 38, 6; 85, 14, 17; 105,' 11; 106. 12— 
15:107, 1,2. 

apakandan. apakan-: "to throw". — A13, 11, 13. 

apakaniinlh in karp apakan iinlh: "disfigurement"; one of the categories of offences 
of physical violence. — A14, 16. — <*apa + kan-\ cf Arm. apakan. apakranem 
"damage: bring damage, destroy, disorder /unsettle"; see Bailey. TPS CI 956). 
105. 

apam; "loan, debt"; apam be daian "to give a loan"; apam siatan "to take a loan, bor- 
row"; apam hist an "to discharge from a debt"; apam x\>astan "to demand the re- 
turn of a loan or the settlement of a debt". — 2. 1, 2. 6, 7, 14: 13, 14: 15. 15 
29.13, 15; 30. 2, 9, 14, 16:31,2. 13, 14; 38. 7; 40, 5, 10— 12; 85, 2; 49. 11 — 14 
50, 3, 4: 53. 4, 6; 55, 11. 13, 17: 56, 9; 57, 5. 7; 59, 2; 60, 9; 61, 6. 8. 12^ <*>3, 2 
67, 3; 68, 1: 71. 2; 76, 13—16; 88, 9. 12; 99. 14; JUS, 13, 14; 109. 7. 8;A1. 17; 
A13. 1; A3C), 10, 17.— Parth. 'b'myh (Henning. List, 80). NP {a)vclm -'loan. 



33G 



%£T 



GL0SS.4RY 



debt". There is no satisfactory etymology for this word (cf. ZsR 1, 43). See also 
H. W.Bailey, "Sad-Dhama-Pundarika-Sutra. The Summary in Khotan Saka", 
The Australian University of Asian Studies. Occasional Papers, 10 (Canberra, 
1971), 27, § 16(7), and the next entry. 

apamdan: "loan, debt"; viZIr t apamdan "loan contract". — 3, 3; 40, 8, 9; 89, 8; 78, 
17; 100, 3; 102, 1; 107, 3. — Cf. apam. 

aparraand: 1) "succession, inheritance; inheritance as a transmitted fund including 
both the estate acquired on the basis of personal inheritance and the estate ac- 
quired as a j/wr-possession". Consequently two varieties of inheritance are men- 
tioned: aparmand J pat sturih (^far-inheritance) and aparmand J pat x\Ss7h 
(inheritance on the basis of a personal heir acquiring the estate as a personal 
share); opposed to this is xvastak I handoxt or handolihx (q. v.); aparmand das- 
tajlarTh "testamentary disposition regarding inheritance"; pus I aparmand "son- 
successor", aparmand burtan "to bear (the obligation), of succession, to be called 
to the succession" (concerning an epikleros daughter); 2) "successor, heir (masc. 
and fern.)", aparmand butan "to become a successor". — 2, 4; 21, 6, 17; 22, 3, 7, 
8; 24, 8, 9; 26, 3; 59, 12; 61, 4, 5; 62, 3, 8, 12; 69, 12, 15; 70, 3, 4, 11; 88, 10; 
90, 1, 16; 94, 8, 9; 96, 4, 7; A2 7 3; A7, 7. — This term is widely attested outside 
the Law-Book, see Zaehner, JRAS (1940), 35 — 42. For the etymology 
[apar + mdnd) and the semantic content see also apar mandan, 2 azatih, 2 zatan, 
aparzatan and my ObSSestvo, 195 — 218. 

aparmat: "decision, disposition". — 49, 16, 17; 103, 9; A12, 11. 

*apasek fpsyk 1 ): "liability, debt". Seems to denote more particularly the liabilities 
connected with the emphyteutic lease of an estate on the crown-or temple land. 
psyk 7 pitaran "liability /debt inherited from one's father". — A38, 3, 4. — 
From Iran, *upa+saik-; cf. Farth 'wpsyk, ptsyk (Nysa); see, Perikhanian, 
REirm, VI (1969), 2; idem, VDI (1973/1), 14; idem, Obscestvo, 160, 334; 
Livshits, ActaAntiqua Hung., XXV, 183—184. 

The OP term *patii2aika-, patitfaicana- corresponding to the Parth. ptsyk 
(*pati + saik-) and designating a variety of yearly regular payments is transmit- 
ted through the Elamite form battisekas", batttiezana- {Gershevitch apud Hal- 
lock. Tablets, p. 16 and Nos. 259, 1953, 1954, 2006; Hinz, Lentz Festschrijl, 37). 
See also the next entry. 

*apasekomand (psyk'wmnd): "burdened with liabilities /debts /rent (regarding an 
emphyteutic tenure)", xvastak T ddrisn pat *apasekomand but; xvesih (q. v.) T 
apasekomand. — A27, 15, 16. — See *apasik. 

apaspartan: see apispartan. 

apastiik: "direction, instruction, prescription". — 48,15. — Cf. Apastak, "Avesta" = 
"directions /injunctions (of Zoroaster)", Sogd. 'pity- "to order, to prescribe", 
pst'w'nh "order, injunction"; see Herming, BSOASXU4 (1946), 725. 

apatan: "built up, cultivated"; apatdmh. "building, cultivation". — 86, 3; A37, 17. 

apatiisaylha: "illegally, unlawfully'. — 5, 9; 6, 3; 11, 13; 12, 14; 13, 17; 14, 3; 16, 
13; 73, 7, 8; 107, 13. — See/J<5//x?qy, patixSayih, patixSayiha. 



%%1 



GLOSSARY 



apalvand: "without relatives", — 70, ]4. The reading is nol certain. 

n-pat-ziyan: sec, ziyan; cf. apcziyan kartan I butan, 

npayistan, apay-: L 'to be necessary, required", andar (ne) apaytt. "(not) necessary, 
(not) required" (one of the formulae for the acceptance or rejection of a transfer); 
cf also kamistan, kamak, dotttan, sahislan). — 12, 5; 17, 7, 9; 19, 9, 11, 16; 26, 
13; 41, 7; 44, 6; 109, 10; A3, 2, 3,5; A4, 7; All. 13, 14, .17; A12, 1; A16, 4 — 
Iran. *upa + T-\ NP bay ad. Cf. Arm. pet, pet-k' et. al. (from early Ml 
*upel < *upa •+- ita). 

npaytak {butan): "not to be officially declared" (c. g. of value, price). — 39. 17. — 
See, pay tak kartan, paytakenitan. 

apec: "clean, pure". — 80, 17. — MMP 'bycg, NP weza "clean". 

apedastafiar, apedastafiariha: "without rightful sanction, in an unentitled man- 
ner". — 24, 7 ; 56, 8; A31, 7. — See dastapar. 

apesaxvan butan; "to renounce, disavow", apesaxvanih "renunciation, recanta- 
tion". — 64, 5—7; 89, 6, 9; 99, 13, 1 4. 

apcziyan kartan: "to compensate /idemnify for losses", apcziyan butan "to receive 
compensation for losses". — 1, 12; 2, 15, 16. — Seer/yon. 

apeziyanlh: "compensation, indemnity for losses". — 85, 10. — See apeziyan, ziyan. 

apispartan, apispar- (xvastak, grap): "to convey; hand over, entrust"(a thing, a 
pledge, a security); apac apispartan "to return, restitute". — 11, 1, 5—7, 9, 10, 
13, 15, 16; 12, 5—7, 9,15; 14, 8; 15, 5, 7, 13, 16; 18, 3; 29, 16, 17; 30, 3. 9; 39, 
6, 7; 49, 17; 50, 4; 54, 15; 57, 13, 14; 58, 2, 3, 5—7, 9, 10, 14, 16; 67, 15, 17; 
68, 1. 16; 72, 4, 11, 12; 73, 10; 89, 1,3; 102, 5, 8: 107, 6, 7; Al, 17; A4 t 3 — 4; 
A7, 12—13; A8, 2; A9,4— 5; A13, 2; A26, 6; A30, 9; A31, 15.— From 
* apa I upa + spar-\ MMP and Parth. 'bysp'r-, HP supurdan f Khwaresm. b'sp'ryd- 
. Cf Arm. LW apsparem (< *apisparem) "to convey /transfer, entrust". 

ap(p)ar: '"taking away, tearing away, removal", ap{p)drih "removal"; hac A ap{js)dr 
"to take away from A' 1 ; 6 A ap{p)ar "to take away for the benefit»of A". — 22, 
17; 24,10; 28, 16; 29.. 5; 35, S; 38, 10; 89, 4; 97, 16; 98, 1, 11; 102, .3. .12; .104, 
5, 7.8; 106. 13; 107, 1, 2; A3S, 15. — Iran. *apa + bar-\ see ZSR IV, 15; V, 4, 8; 
Herming, Verbum, 175. 



ap(p)arakiha: "by brigandage, by force". — 102, 6. — Cf ap(p)ur, ap{p)urtan. 

ap(n)ur: "robbery, brigandage"; as a term of criminal law distinct from "theff '. — 9. 
14; A15, 3. 6. — Cf Arm. apur "robbery" < Ml ap{p)urr <* apa + brna — Sec 
next entry. 

ap(p)urtan, ap(p)ar-: "to rob; to seize forcibly", as opposed to duzitan "to steal". — 
9, 13; 11. 8; 80. 12; A30, S. — Iran. *apa + bar-, Henning. Verbum, 175; MMP 

apurnay: "minor, not yet of age". — 41, 7; 48, 3; 51, 16; 52, 5, 15; 69, 17; 89, 15; 
110. 15; A23, 1 — 3. — Antonym purnay (q. v.). 



3^R 



GLOSSARY 



apurnayak: "a minor. — 4, 2, 3; 17, 8; 19, 9—11, 16; 20, 2, 3, 5, 13, 15, 16; 26, 8; 
27, 14, 15, 17; 28, 10, 17; 30, 11, 13; 31, 5; 32, 15; 33, 3; 41, 8, 9; 43, 17; 44, 7; 
48, 11; 49, 7; 50, 17; 52, 2, 6—8; 53, 2; 54, 12; 58, 16; 67, 6, 7, 9; 69, 12; 16; 
70, 12; 73, 9, 10; 87, 4, 11; 88, 8; 107, 6, 7; A13, 5, 6. 

apurnaylh. apumayaklh: "minority, minor age" 1 . — 4, 3; 19, 10, 11, 14; 20, 3, 13; 
43, 17; 50, 14; 52, 2; 77, 2; 87, 5, 11; 90 ? 3; 110, 16; A5, 11, 4. — Antonym, 
purndyih. 

iipustaii: "pregnant", apustamh: "pregnancy". — 80, 1. 

apvurih: "aqueduct". — 106, 15, 16. — Iran. *ap- + bara~. 

arme5t: "crippled, invalid". — 53, 2. — Av. arma&ta- "motionless", AirWb., 197; for 
the etymology see Bailey, Prolexis, 203; cf. Narten, 1U, 10, 4 (1968), 239—250. 

Artvahist: "day of the month in the Zoroastrian calendar" — 35, 14; A13, 7. 

ari: "value /cost; price", art f Sahr "market price", lit "the price (of a thing) in a 
(given) sahr\ "local price"; apac arz "fall in value, fall in price; mark-down"; 
pat arz datan "to sell".— 12, 7; 17, 17; 18, 2, 5; 30, 7; 37, 1, 2; 43, 12, 13; 
53,11, 12; 54, 11—15, 17; 55, 1, 4, 6—8; 61, 13; 66, 6—9, 11; 68,10, 13, 15; 
77, 8; 79, 15; 96, 17; 110, 12; A9, 7; A26, 17; A27, 13. 

arzistan/arzltan. ari-: "to cost, to be worth". — 12, 7; 17, 17; 18, 2, 5; 54, 7, 9, 12, 
13; 66, 6—9, 11; 67, 5; 68, 2, 4, 7, 10, 11, 13, 15; 88, 5; 94, 15; 110, 12. 

asapar: "horseman". — 77, 6, 8. 

asapar-nipek: "List of Horsemen". — A16, 11, 13, 15—16; A17, 1; A19, 2—5. 

asardar: "without guardian". — 29, 2. — See sardar, sardanh. 

aslm: "silver". — 17, 16; 18, 1—5. 

aslmen: "of silver, silver" — 104, 9, 11, 12, 14. 

asp: "steed, horse". — 72, 4, 5. 

aspozisn: "thrusting; pressing" (?). — A14, 17. — Perhaps Iran. *a + spuj-,~cf. MP 
spuxtan, spoz-. "to push, to push out; push over; step on, press on; crush, de- 
stroy' 7 , Arm. spuz em. "to put off, delay", NP ' sipoxtan, sipoz- "to pierce through, 
thrust into, insert". 

asravan: "priest" (learned term for a representative of the priestly estate). — A27, 
7 — Av. aQravan-. 

ast, ast-e(v): "portion, share". — 2, 7; 19, 5; 34, 10; 50, 5; 55, 5, 6; 75, 6; 104, 2; 
A21, 2 — 4. — Iran. *ans-. asta-, Skt. amsah "part, portion", Av. qsa-, Parth. ast. 
(Nysa), Sogd. Mugh (yypfy'st "(own) share", /. e. "the personal share (of a 
daughter) in her father's estate. — A. P.)". 

astutan, astav-; "to approve". — 7, 3; 78, 8. — Iran, d+stav-. 

asyap: "mill" — 105, 11; 106, 12, 14, 15. 

*a.sun: "small, scant" (of income). — 15, 17. — Iran. *a-suna-, root *sav; cf. Skt. 
suna- (n.) "Erfolg. Wohlcrgchcn, Gcdcihcn", Av. sa\w- "Nutzcn, Vortcil", 



339 



GLOSSAJO' 



a-.suno- Y. 2H, 10. Bolh the reading and the interpretation arc hypoihciical. The 
spelling is Ih>°. 

uSnik: "known, identified"; asnakih "'identification", asnak guftan, tan asnak karian 
"to identify" (regarding the authentification of a seal on a document and the cs- 
tablishemcnt of the identity of persons participating in a lawsuit); tan asnakih, 
asnakih I tan l 'lhe establishment of the identity of a participant in a lawsuit by a 
court official". — 76, 2; 80, 1; A26, 5; A29, 13—14; A30, 2, 4; A31, 5; A32, 1; 
A34, 17. 

Astat: name of one of the liturgies in the Zoroastrian ritual. — 35, 17; 36, ]. — Av. 
Arstat-,Air. IM>., 205. 

'atarsakay. "misconduct; disobedience" (of a wife; a category of offence). — A3, 15, 
17; A4, 3, 13; A5, 17; A6, 4. — Cf. tarsakay, tarsakayth. 

2 atarsakay: "(judicial document regarding) the bad conduct (of a wife)". — A3, 16; 
A6, 6; A7, 12. 

atarsakaylh: "misconduct, disobedience (primarily of a wife)"; a category of of- 
fence. — A4, 12, 16; A5, 1, 5, 6; A6, 2—3; A7, 15; A8, 1. — Cf. ] atarsakay. 

atarvaxslh; see atur\>axslh. 

ataxs (more correctly atas<atars with an instrusive graphic -x-)"holy Fire; Fire- 
(temple)"; ataxs nisaslan "to institute a Fire temple /altar"; ataxs sardarlh 
"trusteeship over a privately instituted Fire altar or temple"; (h)er I ataxs 
"temple treasury; temple fund, properties", ataxs I Varahran (q. v.). — 1, 7 — 9; 
.24, 13; 25, S, 16, 17; 26, 1, 13. 14; 27, 5,9, 15; 28, 5, 14; 29, 7; 34, 1: 45, 15; 
46, 2—4; 50, 3, 4; 51, 4; 78, 12. 13; 93, 4; 95, 16, 17; 103, 5; 110, 3, 4, 7; A14. 
1; A16, 4, 8; A26, 13; A27, 1. 3; A35, 17; A36, 2, 4, 7, 9; A37, 7, 10, 12. 13; 
A39, 1, 5, 6, 8, 11—13, 17. — See also, atur, aturok. 

atcn: '"entrance, entry" 1 . — A27, 1. — MMP 'dyn "entrance'' <*ati -f ayana-. Bar- 
tholomae, MiKiund. 1, 31 — 32. 

atozisnlh: "non-payment". — 3,6. — See tozisn. tozisnlh, idxtan. 

attan: "solvent", attamh "solvency". — 12, 6; 56, 2, 10; 57, 6; 58, 17; 59, 1.5: A15. 

7. — From Iran. *ati~+ta\>cna- "able" > "able to pay/solvent" according to 
Bartholomae, ZsR^ III, 53. note. The synonym, tuvan Ik is formed from the same 
root *ta\>. "to be powerful, to be able". 

atur: "Fire-temple".— 50. 3. 4: 101, 9— 11; A39. 9.— See also ataxs, 
atur{j-)dklatnwk. 

Atur: "(the month) Atur". — 35. 15: 37. 14; A1S. 13. 

iituriin bandak: see, ban dak, 

fiturgan: "Fire altar". — 110, 4. 

Fitur(r)ok/iiturok/atarok: "Fire-altar"; atur[f)ak 6 ddtgah pat ]hrahrdnlh r::sastan 
"to institute a Fire-altar; to set up an altar (in a Varahran Firc-templcV. — 26. 
17; 27, 6,8; 31, 9— 11; 94, 3: A37, 4, 6, 7. — The spelling 'nrWu** (constant in 
the ms. of the Lawbook) suggests the reading atur(r)ak<*dir- + rauk{n'^- "(the 



340 



GLOSSARY 



place of) the blazing of the (sacred) Fire", as it has been proposed in. the Russian 
edition. This explanation seems to be supported by Arm. patroyk "wick" < Faith. 
patrok < *patirauk(a) — and especially so, by Arm. atruSan "Zoroastrian altar of 
the sacred Fire", a synonym analysed as MI *dturosan <IrarL *atr-ausana- lit 
"(the place of) the blazing of the Fire" by Benveniste see J A (1964)° 45 — 58. For 
the formation cf also Av. atrs.saoka- (Vd. 8, 81 — 85; AirWb., 319) "Feuer- 
brand" translated as dtaxs t sozak in the Pahlavi Videvdat and glossed (8, 81) 
with atur(r)6k However the reading aturdk/dtardk>adardg lit. "little fire" (see 
Boyce. BSOAS, XXXI [1968], 52—68, 270—289; MacKenzie, Pahl. Diet, 5) 
cannot be discarded. The presence of the diminutive suffix -ok in a term desig- 
nating the deified Fire, an object of worship, could have been brought about by 
the worshippers' desire to win the favour of the divinity. 

aturvaislb.. atarvaxslh: "the function of a junior priest whose duly was to watch over 
the maintenance of the sacred Fire in a Zoroastrian temple". — A40, 3 — Av. 
dtravaxs-, dtravaxs, Air. Wb. 318 — 319. 

atuvaulk: "incapable (in a legal sense); insolvent"; atuvanikih "incapacity; insol- 
vency'. — 58, 6, 8; 71, 8; 72, 11. — See, tuvamk, tuvanlklh: 

atvadat: 1) "offence consisting in the driving out of the house and abandoning with- 
out means of subsistance a wife or any person in wardship"; 2) "utterly destitute 
or helpless state"; 3) "a specific level of offence". — 33, 7, 15; A15, 1; A35, 
7.. — Av. a$\vaSdtay-<*advan + ddti- (ATr. 9; Air. Wb., 61), lit. "put out, set 
forth on the road, on the way" (for the purpose of driving out of the community). 
See Bartholomae, IF, XII (1901), 118—122. For the formation and the semantic 
content cf. Arm. panduxt "exile, alien" < Iran. *pantaduxta- (Pe'rikhanian, 
REArm, VI (1969), 1—14) and NP rah-ddde "exile" in the Pers. version of the 
tale of Bilauhar and Budasaf; see Henning, A Locust's Leg, 103—104. 

avaStak kartan: "to seal". — A12, 15. — See avastan. 

ayastan/avistan, *avart- (heterogr. HTYMWN-): "to seal"; nipist ut avast 
"document". — 2, 1; 9, 7; 16, 15; 20', 13; 30, 16, 17; 31, 10, 12; 38, 7; 64, 3; 77, 
5; 78, 6, 15; 99, 2, 4, 5; 100, 6, 10, 15; 107, 3; 110, 6; A5, 14; A6, 14; A10, 11, 
12; A12, 14, 16; A13, 7, 8; A15, 9; A16, 12, 13, 16; A17, 1; A19, 3—5; A27, 7, 
17; A28, 9; A30, 5, 7; A35, 12; A36, II; A37, 15; A39, 4; A40, 15. — MMP 
'wyst. The Parthian (Nysa) composite rmvdnvrt (= mwhrvart) "setting a seal" 
points to the etymology *ava/a+vrt: *varsta->varsta. Iran. * ava-varsta- is at- 
tested in the Khot.-Sak. vutsta "to roll down", (Bailey, Prolexis, 332). The origin 
of the word is evidently due not so much to the practice of rolling up documents 
into scrolls before sealing as to the widespread earlier use of cylinder seals that 
were rolled out on clay to obtain an impression. A different etymology 
(*abi-i- pasta-, root /jot "to bind, tie up") has been proposed by Henning, BSOAS 
(1946), 725 and Bailey, Prolexis. 186—187. See also avastak kartan, aviti. 

avavarikan(Ih): "unauthentic, invalid". — 74, 2. — Cf. vdvarikdn(Th). 
avikay: "unwitnessed". — 91, 3. — Cf. vikdy, vikayth. 
avinas: "innocent, not guilty". — 72, 12; 101, 6. — Cf. vinds. 



341 



X 



GLOSSARY 



avinasih, avinas: "innocence, guiltlessness". — 53, 14; 58, 7; 98, 11; A35, 10; A40, 
1,2. — Cf. vina.s', vinaskar(Ih), vinahisn. 

avrtt: "document" (lit. "scaled"). — A9, 10; A 10, 8—1 1. — Sec avaslan. 

axunsand: "opposed to; disagreeing with" (a judicial decision). — 89, 16. — Cf xun~ 
sand(Ih) t xvasiuk(lh). 

arunsandth: "disagreement" (with a judicial decision); axunandlh kortan "to declare 
one's disagreement, dissatisfaction with a judicial decision" (for the purpose or 
appealing it). — 3, 7; 43, 3; 93, 9; A26, 5. — Cf, xunsand{\h), xvastuk{ih), 

axezitan: "to gush" Qot a spring). — 85,4. 

ayazisn: "religious worship; ritual purposes". — 34, 4. — Iran, a+yaz: The word is 
spelled y£(= x)sn and most scholars read it izisn or ezisn (from an earlier 
yazisri). But since the term is clearly of NW origin and belongs to the traditional 
priestly vocabulary, it seems preferable to assume that the spelling 'yesn stands 
for a prefixed formation of which we have an example recorded in the Parthian 
documents from Nysa, where an ayazan nanestanakan ('yzny nnystnkri) ''temple 
of Nane" is mentioned. (See Diakonoff and Livshits, Documents. No. 1682). 
Iran, ayazana- is likewise attested in OP ayadana- {Bh. 1, 14). 

ayoYen/awyen: steund&z Avestisms, s. v. *ayaoyaeni-I*ayuyaem-, 

azat: 1) "member of a noble family, nobleman". (Cf Arm. loan word azat 
a) "agnate"; b) "nobleman"); 2) "free; freedman". — 1, 7, 12; 39, 3; 69, 6; A31, 
16. — Iran. azata-<a+zan- "to be born", lit. "bom in the family; agnate ,T : 
whence come the two basic meanings of this social term: "member of a family; of 
a cornmuruty", "person having civic rights, citizen" (as against non-citizen and 
slave) and "member of a noble family, nobleman". See also azat-hist, ] azatlh, 
azat kartan. 

azat-hiSt: ^'manumission, manumission document". — A31, 17. — See, azat, 

'azatlh: "freedom; chic legal status (as opposed to slavery)". — 106, 10; A39, 9 — 
See azat. 

2 azatih: "inheritance, patrimony"; pat azatlh ut xveslh "into (one's) personal inher- 
ited possession" (ay ariety of real rights; it designates a possession passing on 
through inheritance to the personal successors of the owner). — A3 7, 16. "17. — 
.Arm. azatuViwn "inheritance, inherited fund, succession". For the etymology, 
from Iran, a-r-za-: zata- (= Skt. ha-, jahati) "to leave, to abandon; to separate 
(oneself) from, to (be) freed from", see Perikhanian REArm., V (1968). 9 — 16. 
The following examples may be added to those mentioned there: SGV, XII 1. 1 — 
2: nipek T-s azat x\>anend "the text that they (= Jews) describe as having come 
down through transmission /tradition" (what is intended is the Torah). SG\ '. 
XIV, SO: azat dastafiar "a rabbi", lit. "a person competent in (the texts of the 
Jewish) tradition". Sahr. 1 Eran.; ... u-s dast I Tac'ik pat xveslh ut azatlh be o 
Buxt-Xusra\> 1 Tacik-sah dat pat\>and darisn 1 xves ra5"... and he conveyed the 
Arabian plain as a personal inherited possession to Buxt-Xusrav, the king of the 
Arabs, so that his descendants should (also) possess (it)". With x\>cslh ut tizattlu 
cf. the Arm. caique attested in V . c. texts, sephakan azatut'iwn "personal share 



342 



GLOSSARY 



(of a «m or daughter) in the father's estate; personal inherited possession". See 
also 2 zd(an and my ObsSestvo, 223 — 225, 348. Cf aparmand, vaspuhrakdn, 
xveslh. 

azat kartan: 1) "to free (a slave), manumit"; 2) "to release from payment; to release 
from a debt*'. — 1, 6; 20, 8; 31, 16—17; 39, 3; 48, 14; 69, 4—5; S3, 6; 101, 13; 
103, 5, 6; A2, 16. — See azat. 

B 

bay: "lord".— 78, 2; 100, 11; A37, 2; A38, 9; A39, U, 14, 15.— Iran. *baga- 
"god". See Bartholomae, MiMund., Ill, 6—10; Bailev, BSOAS, XIV/3 (1952), 
420 — ^23. 

bay: "measure of punishment or amount of the fine set for an offence of a given de- 
gree". — A15, 2,3. — Av. *bdya~ t lit "portion, share". See also tasubdy. 

bayaspan: technical term designating one of the varieties of marriage sine manu 
mariti. See *xvasraydnth. — 21, 9. — Probably from Iran. *bagaspana-„ cf. 
Sogd. py'nvsp, b^nyps, fiy'nps {flaydmps I fiayanlsp) " bridegroom", lit "Baga- 
son", "son by the Baga-rites". For the Sogdian term see M. Schwartz, AoF I 
(1974), 259 — 260. See also infra bagaspdnddt. 

bayaspandat: "child born from a bayaspan marriage", q. v. — 41, 10. — For this 
formation cf. Sakardat, duxtdat. 

bahr — "share, portion"; bahr i evakih "ordinary share" (of inheritance), bahr T 
do{v)Ih "double share". — - Passim. — See also bahr i puslh, b. I duxtih, b. t 
zanlh I katak-bdnuklh,b. I sturih, bahr utxvesih, bahrak. 

bahr I duitlh: ¥i a daughter's share in her father's estate". — 44, 10—13; 51, 15; 52, 
10. — Cf. vaspuhrakdn. 

bahr I mat: "a mother's share in her father's estate". — 41,3. — Cf. supra. * 

bahr I pus/puslh: "a son's share in his father's estate". — 51, 13; 52, 10; 62, 5; 90, 
17. — Cf also bahr ut xveslh, vaspuhrakdn. 

bahr I sturih/bahr pat sturih: "a stur's portion, a star-foundation; the share of the 
dead man's estate acquired — as a star-possession — by the one called to secure 
his succession (= the stur)". — 44, 10, 12. See slur, sturih, aparmand. 

bahr I zanlh/bahr I katak-banuk(7h): "a widow's share in her late husband's es- 
tate". — 44, L2, 13; 51, 13; 52, 11, 12. 

bahr ut xveslh: "a (son or daughter's) personal share in the father's estate". — 44, 
8 — 9. — Cf bahr J puslh, bahr T duxtih, xveslh, vaspuhrakdn, aparmand. 

bahrak: "portion, share". — 11, 12. — See also bahrak kartan, bahrak oSmurt. 

bahrak kartan: "to apportion, to divide". — 65, 12, 14. 

bahrak oSmurt: "estimated /figured in ideal shares". — 65, 8, 9. 



GLOSSARY 



b;indak: "slave". In specific constructions with ataxx, atur. this word ;i!so takes on 
the technical sense aV'hieroduhs" . — 1, 7—10; 33, 11; 1(11, V— 14, 16; 1113. 9: 
1(16, 2, 4, 10; A 2, 1; A39, 9. — Sec also, bandnklh, ansahrtk. paristarih. rahlk. 
tan, vesakfvesak. 

bandaklh: "slavery"; "hierodulic status" in constructions with ataxs, atur(an) — (sec 
also paristarih for this meaning). — ], 1, 2, 9; 101, 9, 11; 103, 5; A39. 9, 17; 
A40, 1, 3. — Sec, bandak, saban Mh bandaklh. 

bar: "fruit, harvest; revenue"; as against bun "basis, principal". Bar ut vaxl "revenue 
and interest"; bar burtan "to take, to acquire the fruits/the revenue, to be the 
usufructuary"". — 9, 15; 12, 13; 34, 2, 7, 8, 10, 11; 35, 9; 38, 3—5; 39. 10. 11: 
40, 3, 4; 48, 2; 49, 14, 15; 53, 14; 54, 8—10; 102, 14; 103, 13; 105, 15; A8, 5 r 9, 
11; A30, 16. — Cf baromand, bar-xves, bar-xvart, vaxt, 

'bar: see hark ut bar. 

2 bar: "once, at once, at a time". — 73, 1; 91, 17; 92, 9, 11—13, 15, 16; 97, 1. 

baromand: "bearing fruit, bringing revenue". — 34, 2; 39, 2. 

barvar: "able to bear children" (of a woman). — 49, 2, 3. — Cf Afgh. bra/ba r 
blarba: "pregnant" <*barbara- (Morgenstierne, E\-T, 15). 

bar-xvart: "usufruct". — A7, 8. ■ — For the formation cf Sogd. ptrq'n-xw'r "heir*'. 
(See Bailey, ZP, 73; Helming, BSOAS, XL/4 (1946), 716). Cf. bar-xves. 

bar-xves: "possessor of the revenue, usufmctuary". — 37, 14 — 15; 90, 9. — Cf bun- 
x\>es. bar-x\>art, 

bastan, band-: "to bind; to arrest". — A15, 11. 

bavandak: "sufficient: entire, full". — Ba\>andak, pat bavandak "entirely, fully"; 
ba\'-andak but an "elapse, be fulfilled" (as regards time): var ba\>andak "an 
oath/ordeal is sufficient (in the legal sense)". — 14. 5, 7; 22, 8; 30. 6; 54. S: 58. 
2; 60, 11, 12, 15; 72, 15; 101, \y t A23, 7—9.— Cf the Arm! loan-words. 
bovandak "full, whole: fully, entirely; sufficient, suficiently''; bovandakem "to 
include, comprise; to complete.fmish": bovandakim "be fulfilled, be completed: 
be sufficient". ■ 

baxsitan. baxs-: "to allot, to convey \ — 38.6. 

bax$karlh(?): "gift" — 107. 14. — Neither the reading nor the interpretation are 
certain. 

baxt: "fate", pa; baxt sutan "to die". E. g. 105. 2 — 3: 109. 14. 

baxtan, baxi-: "to divide, apportion, distribute". — A2S. 4. 

baxtlklh: "division of an inheritance"; baxtlk karian "to divide an inheritance". — 
22, 13: 23, 6, 7; 47, 6; 51, 3; 52, 4, 15: 53. 1, 2; 90. 15; 96, 12. 

biizuk nma ut scnak masa (Ms.: b'z"y ms"d, symvk ms'd): "Learned" term bor- 
rowed from the Avesta and having acquired the meaning of "a measure, a norm 
(established by custom)" in Pahlavi texts. In the present case, it designates the 
amount of pav-rations alloled to an "appointed" guardian; this norm was equal to 



344 



GLOS&-WY 



the minimal amount required for the maintenance of one person. — 27, 2. — Av. 
*bdzv.masah-, sraoni.masah-; the Pahl. rendering senak "breast" (NP sina) pre- 
sumably a corruption of the original srenak, is also registered in this formula 
which literally signifies "the size of/ as large as an arm, the size of a hip"; see, 
Airfflj., 956, 1633. It is, however, also possible to presume the existence of a 
parallel formula: "the size of an arm, the size of a breast". 

besahrik: "alien, foreigner, from another town". — A28, 8. — Cf sahrfk. 

bizisk: "physician". — 108, 8. — NP piziSk, Arm. (from Parth.) bfflk. In the manu- 
script this word is represented by the heterogram 'SY\ cf. the Akkadism in 
Syriac, 'asm "physician". To the best of my knowledge this heterogram is re- 
corded here for the first time. 

^bostan, bdxtltan, boz~: 1) "to free; to cancel /dissolve"; 2) "to be acquitted, to win a 
case"'; in this sense it is opposed to eraxtan and to 2 ozatan. — 14, 16; 83, 11, 16; 
92, 13; 102, 2, 6; A15, 16. — Iran l *bug- "to free, to save; dissolve, cancel, 
loosen", Av. baog- baoxtdr- et. aL; cf. also Ann. buzem: "to heal; save; free 
(from)". 

2 b5itan ; boz-; "to make use of, to use".— 95, 10. — Iran. 2 *bug- "to be useful, to 
serve; to make use of; enjoy"; cf. Ski. bhuj-, bhunakti, Arm, (from MI) *boxsnem 
in smboxsnem "to make use of, enjoy", see, Benveniste, Titres, 108 — 115. LCf 
2 bozisn. 

'bozisn: "decision (in a legal case)". — 40, 3; 49, 10, 12; 74, 3; 76, 8; 83, 1; 106, 10; 
A12, 3, 16; A13, 3. — Iran. *bug-, see x boxtan. 

2 bozisn: "use; right/title to use, usufruct".— A33, 10, 11— Iran z *bug-, see, 
2 boxtan. 

brat: "brother"; brat 1 hambay; see hambay, datastan brat, see datastan. 

'brin: "part, portion". —3, 3. 

2 brln: "excluding, except"; bar brin: "excluding the revenue, except far the reve- 
nue". — 102, 14. 

3 brln: "established, limitted by agreement; stipulated"; brin zamdn: "set, stipulated 
time-limit".— 2, 9, 10, 13. 

b titan, brin-: 1) "to cut off, to detach, to separate"; 2) "'to determine, delimit"; 3) "to 
decree, create, establish"; sar britan. "to decapitate"; pargar (var. pursisn- 
namak, saxvan-ndmak) britan. "to prepare (a document regarding) a judicial de- 
cision", "to draw up the records, court records /documents". — 14, 17; 73, 12; 
74, 1; 78, 11; A26, 14; A27, 2. — Iran *bray-, NP buridan; with pargar I 
saxvan-ndmak britan, cf Khwar. xswmt in the locution, mpxyCh > xswmyt- <5> 
"he decided Git. 'cut') the litigation" (MacKenzie, Khwar. GL, I, 548). 

bun: "base, basis, foundation". Specifically , 1) "the principal" of a thing as against 
the revenue brought by the thing, bar, 2) "the principal person", "the principal 
or original possessor /owner" (cf. bun-xveS); "the principal contractor" (as 
against his warrantor), cf. mdtak, matakvar); "the principal litigant" (as against 
his legal representative); 3) "the principal taxes and payments into the royal 



345 



GLOSSARY 



treasury (as ag;uns! various charges likewise paid to the treasury; 4} "the princi- 
pal residence". Cf. also the following technical expressions: opal- 6 ban mntan, 
apat 6 bun Sutanlafturtan (regarding the return of a tiling to its original or 
principal possessor, regarding the return to the status quo ante). — 17, 13; 19, 5; 
20, 4; 25, 10, 12—13; 34, 3; 35, 5; 40, 4; 41, 15; 53, 15; 56, 7; 64, 17; 72, 9— 
10; 102, 15; 105, 15; A2, 9; A27, 1; A31, 5. — Iran *buna-. 

bun-darih: "repository /treasury of foundations". — 79,10. 

bun-xves: "principal owner' 1 ; the person holding the basic right (= title) lo a thing as 
against the person endowed with the derivative right to the same thing, the tem- 
porary possessor, the usufructuary, etc. — 37, 14; 39, 12, 14, 15; A15, 3; A30, 
16. — Sec also, bunxvesTh; cf. bar-xves, bar-xvart. 

bunxveslh: "the basic real right, the basic title to a thing". This term is opposed to 
darisn "the fact of possession" as well as to the secondary, temporary title. — 
12,15. 

burtan, bar: "to cam'; to carry away". — Passim. — Cf. the following special us- 
ages: dulltan ut burtan "to abduct", see A26, 4, 8: andar ... burtan u to relate to 
'...", see, A3, 89; andar 6 ... burtan {regarding the bringing by the wife of a 
down - , ihing, or revenue to her husband; regarding the master's acquisition of a 
thing conveyed lo his slave), see, 101, 14; Al, 8, 10, 12; A2, 15; A3, 13; apac u 
... burtan (regarding the obligation of a slave to give to his master a revenue 
conveyed to himself), see, A2, 2. 

butak: ''natural". Designation, depending on the variety of order of calling, given to a 
guardian or stur. — 26, 6, 11; 28, 4; 47, 13; 69, 8: 90, 12; — See, butakih; cf 
gumdrtak, A kartak (antonyms). 

butakih: "natural calling". The calling (to s/urship, guardianship, trusteeship) via the 
kinship within a family and dependent upon the degree of this kinship. Butakiha, 
hoc kust 1 butakih L 'via the line of natural calling". — 47, 2. 13; 49, 5, 6: 69. 
8. — See butak. Antonyms kariakiha, gumartakiha. 



c 



can: "a well". — 19, 2. 

tak: "document". — 73, 17; 74, 3 r 7; A26, 1; A28 ? 8. — NP cak '-document". 

cakar, takarih: '"levirate marriage", — 3. 11: 28. 7. Concerning the etymology of 
this term (as formed on the reduplication of the root *kar- "to make", cf. NP 
cakar "servant, maidservant",, Osset. cayar "slave") and its tecliru'cal meaning. 
see Bartholomae. SRb, 7 — 8; ZsR 1, 31 — 33: Perikhajiian. Hcnn'mg Mam. I (>/., 
353 — 357. A different analysis (Pahl. cfc/ = MP *cayr<Ax. *cayra- "giving, 
providing", an -r- extension of Iran. *cag-) has been proposed by Klin- 
genschmitt MSS (1971). 123—125. See also infra. 

apurnayak. duxt. frazand. pus I takar/cakariha; l 'son or daughter born frona a per- 
son's levirate marriage with the widow of his agnate , and consequently noi one 
of his own successors and heirs" (as against his children born from a patJxsayih 



a/tr. 



GLOSSARY 



marriage). — 27. 14; 28, 9, 32. 3. 15, 17; 41, 6; 42, 12; 48. 3; A24, 1—3; A35, 
12, 13; A40, 10, 12. — Antonyms duxt,frazand, pus J patixsayiha (q. v.). 

pit I cakar/cakarihii: "£akar- father". The natural father of the person and the 
caA'nr-husband of his mother.as against his legal father, that is the (late) first 
husband of his mother with whom she had entered into a marriage with full 
rights. —32, 15. 17; 48, 5. — Cf pit I patixsayiha. 

zan I cakar/cakarlha: "cakar-\\ife'\ A widow having entered into a levirate mar- 
riage with an agnate of her late husband. Together with an epikleros-daughtex 
(see ^ayoyan I ayijyaeni-), this is one of the varieties of "natural jrfi/rship*', stur t 
butak (q. v.). — 28, 9; 32, 17; 49. 2; A4, 14, 16; AS, 3, 11; AS, 1; A40, 10, 
12. — Antonym zan J patixsyiha, pdtixsayzanih. 

cakardat: "born from a &jA'ar-marriage; duxt/pus J cakardat. — A14, 10. — For the 
composition cf. bayaspand&t, duxtddt. 

cambar: "hoop, circlet, diadem". In this case the hoop is worn around the wizard's 
neck. — A15, 15, 17. — NP canbar "hoop, rim"; cf. Arm. fambar 1) "diadem", 
2) "military camp", a meaning derived from the usual circular lay out of the 
tents in a military encampment. 

canar/candal: "plane-tree", — 39, 1; 40, 15; — NP canar "plane-tree". The spelling 
end' I also permits the reading caudal, cf. NP candal "sandal tree". 

caSan: "teacher, preceptor, superior". A temple function /office. — A36, 11. — Iran. 
*casan-, cf. Av. casan- derived from the root kas-, caxs- "to see, teach, instruct"; 
cf. Osset. fae^eexsyn "to give instruction, edify", Abaev, REDO, 1, 430. 

casmakay: "eyewitness, witness". — 78, 5, 6. — Synonym vikay. For the etymology 
cf. tarsakdy. 

castak: "teaching, precept". Name of the commentaries to the Avesta as against 
-kartak — norms of jurisdiction both official and traditional (= based on prac- 
tice) — 22, 5; 26, 6; 52, 3; 98, 5; A3, 6; A13, 7. — See also castan, 2 dastafiar. 

castan, cas-: "to teach, instruct, interpret" (regarding the commentary to the Av- 
esta). — 26, 10; 106, 17; A10, 6. — Cf. castak. 

cis: "thing". — 16, 5, 10.— Cf xvastak, {h)er. 



D 

dar: "gate" (as part of a building complex). — 15, 1. 

dar ut draxt: "plantation of trees". — 106, 14, 16. 

'iJariSn: "possession". This term is used both in the concrete sense of "estate", "thing 
possessed" and in the following abstract meanings: I) "the factual possession of 
a thing; the fact of possession"; 2) "the legal possession of a thing", according to 
whatever title, on the basis of real right of any type; cf xvSsih. DariSn be kartan 
"to transfer the possession (=the real right) to another person; to alienate"; 



347 



GLOSSARY 



darisn (T) pa! npasckomand (q. v.) "a possession burdened with liabilities; darisn 
1 uziiak/uzitak (?) '"possession of an escheated (7) cslalc/propcrty"; darisn i pal 
vidast (?); pat mat darisn "future possession"' = buna adventicid". — 10, 1, 6, 
13; 12, 15; 14, 14, 16; 15, 15, 17; 31, 1, 3; 32, 10; 39, 9, 15; 55, 13; 57, 14; 84, 
13-15; 89, 1;91, 3; 95, 8 — 10; 105, 16; 108, 6— 7; A2G, 3, 10, 11;A27, 15, 16. - 
Sec, das' Ian, advenak J dast, xvesih. 

2 darisn: "maintenance; expenditure for maintenance"; darisn i pat zendan "keeping 
in prison".— 19, 16; 30, 10; A13, 13; A28, 11. — See also xvarisn ut darisn. 

dart: 1) "pain"; 2) "premeditated inflicting of physical pain"; one of the forms of of- 
fences of the zahm category. — 91, 16; A14, 16. 

'dastafiar: 1) "an entitled, plenipotentiary person; a person competent /entitled to 
give this or that disposition, a disposer (as a position /office, cf e. g., tasuk i 
Xunapakan pat m... dastafiar, 100, 15), trustee (over a foundation for the soul), 
and in particular, "a person having disposed of a title", "a mandator, the giver of 
a mandate" 2) "an empowered, entitled person; a legal representative (= the rep- 
resentative of a litigating party in a case/trial); a mandatary"; 3) see, 
2 dasta3ar. — 5, 3, 5, 11—17; 6, 6, 9—11; 7, 3 T 6—8, 12—19; 8, 2—5, 9—11, 
14; 10, 2, 6; 13, 10, 11; 22, 2; 48, 6; 95, 12; 96, 2; 100, 15; A14, 1; A15, 8; A17, 
6, 10; A33, 11; A35, 12; A36, 5; A39, 16; A40, 15. — Iran. *dastapara-, where 
dasta- is probably not "hand" despite this widespread interpretation, but is rather 
formed on *danh- "to be able /capable, entitled, gifted, competent", as was al- 
ready pointed out by Bailey, ZP, 160; TPS (1945), 8-9; cf Skt. dams-, Av. 
3 dahma- 1) "learned, competent"; 2) "a member of a civic-religious community 
who is of age and in possession of full legal capacity". Av. dqstvd- "teaching, 
dogma", Parth. dost "capable", dost ah- "to be capable", (Andreas-Henning, 
A'fiAJ, III, Gloss. 5. v.), MMP dastan "capable, empowered", Buddh-Sogd. Sstfl'r 
: 's- "s'emparer souverainement, saisir par voie d'autorite", Buddh.-Sogd. 
5stfi'r(v) "by means of, through, with the help of, by force of in the expression 
inn Srm'yk Sstfi'ry (Benveniste, JA (1955). 315 — 316), Cf. with this" etymology, 
Christ-Sogd. myn'fir "authoritative, -powerful'' 7 (<*manya- + bard- "possessing/ 
endowed with authority, power", Henning. BSOAS, XII (1948), 309; Benveniste. 
Et. oss.. 53. Osset. mimc\>ar ''mediator intercessor" (alongside Osset. minfunx> 
"capacity""); see also .t. v. dastkart. For the meaning of this term see Bartholo- 
niae. ZsR. IV. 52-54 (the meaning "judge" which is not attested in the Law-Book 
or in other texts of the Sasanian period or reflecting a Sasanian tradition should 
be excluded. It was derived by Bartholom3e on the basis of incorrect translations 
of a series of passages of the Law-Book where the term appears in all the given 
coniexts with the sense of "representative of one of the parties at a trial"). It is 

also important to note the heterographic rendering of this term I r" 3 GJ : Jr<o 3- QJ = 
PQDWfN), PQYDN/W, which should be taken as the original hcterogram of the 
word dasiapar (sec e. £., 100, 15; A36 ? 5). Cf Late Babyl, paqdu, which is used 



34 8 



GLOSSARY 



in the cuneiform documents of ArSama to designate a person named Bel-supe- 
muhur who is presented in these documents as ArSama's "agent" for the lease of 
cattle and the "plenipotentiary administrator" of his estate. (See Driver, Aram. 
Doc, 44 — 52), and Aram, pqyd' "(fully) empowered" — according to the con- 
text of the letters edited by Driven e. g., "Letter IV", in which Arsama refers to 
Psamsek as pqyd' zyly "my plenipotentiary", and "Letter X", in which Hatuvasti 
is called pqyd Whvhy, i. e. "the plenipotentiary of (prince) Wrwhy", as against 
his likewise mentioned name-sake who was "the plenipotentiary" (pqyd'' zyly) of 
Arsama. The same heterogram — PQDWN — is used for the MP term dastaplar 
''trustee (over a foundation for the soul)" in the "Inscription of Kartir", see 
Perikhanian, RE-lrm, V (1968) 22—23. In Pahlavi cursive this heterogram fused 
with that of the word patimdr "sentence, punishment" (*PWQDN\ Aram. 
puqdana "disposition", cf. also Aram, pwqdn' having the specialized meaning of 
"emprisonment" in the Nippur texts, Montgomery, Aram. Incant., 299). — Cf 
dastafiar, dastafiarih, patixSdy kartan. 

dastapar: "authority, competent person, commentator of the Avestan nasks". — 6, 6; 
13, 16; 21, 1; 28, 9; 55, 1; 76, 6; 88, 7; 93, 16; 95, 6; A28, 12. — See x dastapar\ 
cf. 6d$tak, ostafiar. 

dastafiarih: 1) "competence, title"; 2) "empowerment, authorization, mandate"; 
3) "legal representation". Pat dastafiarih andar estatan "to appear as an empow- 
ered person (= as the representative of one of the parties at a trial or as dis- 
poser)". —5, 7, 17; 6, 1, 11, 12; 7, 4; 8, 9, 16, 17; 10, 1, 3, 4, 6; 23, 1, 7, 8; 37, 
16; 48, 2; 84, 13, 17; 86, 6; 100, 4; 103, 1; A5, 15; A6, 15; A7, 2, 7; A8, 6; A17, 
5, 8, 12, 13; A30, 11; A36, 9; A37, 3, 10. — See, dastapar, cf. the synonyms, 
ostafiarih, patixsaylh. 

dastaparlha: ""competently, in a legally authorized manner. — 49, 14; 88, 2; A17, 16; 
A18, 1. 

dastik: 1) "disposition" (?); 2) "possessions, things which are actually at the con- 
veyor's disposal (as against the bona adventicia and things lent to. a third 
party)". — 77, 3; 105, 12. — The second of the meanings indicated suits well 
the context in 105, 12 — 14, whereas the damaged state of 77, 1 — 3 does not al- 
low to establish with any degree of certainty the meaning of the term here. 

dastkarih: "(agricultural) tasks". — 37, 14. 

dastkart: "dastkart; landed estate, plot; estate (as a complex thing)". — 18, 6, 7, 9, 
11, 14—16; 38, 13, 15, 17; 39, 2; 51, 7—8; 105, 5, 6; AS, 14. 15; A9, 6, 7; A18, 
2, 3, 5; A20, 11, 13; A34, 4; A36, 17. — NP dastgird. Arm. (from Parth.) das- 
takert, Aram. (Babylonian Talmud) dsqrt\ From Iran. *dasta- + krta-, which is 
usually analyzed as "hand-made", see e. g. Geiger, W2KM, 42 (1935), 123 — 
128. This interpretation is doubtful on semantic grounds {cf Skt. hastakrta- 
"hand made") although the association of the first element of this term with the 
word dast "hand" is very early (= popular etymology), cf the synonym-caique in 
Class. Asm.jerakert, as well as the heterography, YDHkrt. It seems to me prefer- 
able to analyze the original form, *dasta-krta~ as "(a possession/ person), made 



349 



GLOSSARY 



(from *kar- 'to make') or proclaimed (through an o ITi c i : 1 1 public declaration, 
*kar- 'proclaim, declare') authorized/ rightful /empowered /competent" (cf. 
dastafiar), because such an interpretation is more suited to the scries of mean- 
ings of this term in Iranian and Classical Armenian texts in which this word is 
attested as applied not only to the possession of land but also to persons. In such 
a case, the more common meaning. '*plol of land; estate; domain" would go back 
to the ancient custom of periodic reapportioning of the land-holding of the com- 
munity during which the rightful possession of a particular plot was officially se- 
cured to a particular clan or family through a proclamation /declaration at the 
assembly of the community or clan. The same initial sense of "endowment with 
rights, power" 1 emerges from the uses of this term when it designates the founda- 
tion (by the king) of a city, fortress or settlement together with the conferring of 
a particular legal status. Thus for example, Buzandaran (IV, xiii) refers to the 
city of Arsakawan founded by Arsakll as his dasiakert; Movses Xorenac'i (II, 
90) designates the city of Drasxanakert as the great dastakeri of (king) ArtaSes''; 
the word is used here with the sense of "the (royal) foundation", and not "the 
creation of the (king's) hands", as Sarkisian has interpreted it (in the Hellenistic 
Near East, 97 — 101); cf also the designation of the city-fortress Kangdez in 
Pahlavi texts as "the dastkart of SyavaxS". The use of this term as applied to per- 
sons in the inscription of Sahpuhr 1 (KZ) is particularly important for its etymo- 
logy. In this inscription Denak Queen of Mesan is designated as ''Sahpuhr's 
dastkart". [(MP) Dynky ZY myfn MLKT dstklt Shpwhry, (Gk.) AnvaK-n.; 
PacnZiaaT):; M-naarv SacmiapT. Xaraop]. /. e. as "a person empowered by Sahpuhr 
(= her late husband, the king of Mesan, or Sahpuhr I himself) to hold the re- 
gency or some other office, cf. kartak in the expression stur J kartak, sardar i 
kartak. In the same inscription, Sahpuhr 1 calls himself l 'the dastkart of the 
gods" ("the gods have made us their dastkarf) and expresses his wish that the 
gods might also make his successors their dastkart. Sahpuhr is proclaiming 
thereby that his title to the kingship is derived from the gods, he is as it were 
"the gods' annoimed", and he expresses the hope that the sods will honour his 
personal successors in the same way. An analogous meaning for the same term 
may be noted in the text of Elise (V century A.D.) where the word is found in the 
prayers addressed to God by the participants in the rebellion against the 
Sasanian overlordship who had been departed to Iran and were awaiting execu- 
tion. Elise (VIII. 23): znoragiwt dastakerts k'o barexos a'memk' vasn anjanc' 
mcroc\ ''we make this newly manifested dasiakert of thine our mediator". Here 
as well as in the passages cited below the text alludes lo the magupat of 
Apaisahr convened to Christianity owing to a miraculous vision; the stop, 1 of this 
conversion precedes the prayers. The translation of both passages given in the 
Russian edition of the Law-Book is inexact. Cf also Elise (VIII, 65): Lur inf. let-, 
... cm- snkal zogi im i zolovs surb zorakanin k'o, or crcwec'aw nnrakert dastnkcr- 
tin k'oy, "Hear me, Lord, ... and receive my soul within the ranks of thy holy host 
which appeared to that newly manifested dasiakert of thine". In both prayers this 
outstanding convert is described as the Lord's appointee, as a person empowered 
by God himself as a missionary of the Christian faith. It is unlikely that the term 
with which we arc concerned can be translated "creation, creature" <"inadc bv 



350 



GLOSZ-LRY 



hand", as this is done by Maricq (Class, et Or., 56 — 57, n. 2). Such an interpre- 
tation of this term would rob it of any expressiveness and meaning in all the 
contexts of the indicated passages of the KZ or of EliSe. Everything living or not 
was considered to be "God's creation" by the praying Christians in the works of 
EliSe, and although a Zoroastrian's idea of the creation was not exactly the same, 
King Sahpuhr would have had little ground for stressing in his inscription that 
he had been "created by the gods", since this was true of all humans in a Zoroas- 
trian's eyes. A most interesting usage of this term in the sense of "institution, 
foundation" (referring specifically to foundations piae causae) is to be found in 
the Armenian Canons of the Covenant of Afuen (488 A.D.). Thus , Canon xix 
reads, "Ark' azatk' orc'ap' iwreanc' dastakertk' en,zerec' aranc' episkoposi mi 
isxese'en hanel e\v arnel "Let no nobleman remove or appoint a priest without 
the permission of a bishop on the grounds that (the monasteries /churches /hos- 
pices) presided over by the given person were their (own) instinitions (/. e. were 
founded by themselves or by their fathers as endowments 'for the soul', Arm, 
hogec'aturk'. — A. P.)". This canon was directed against old social and legal 
norms and practices, more particularly against those which reflected the legal 
regime of the Iranian pat ruvan foundations introduced into Albania during the 
epoch preceding that country's Christianization. 

dastvarz: "household articles". — 29, 14. — Cf NP dastvarz "artisan", dastvarz! 
"handicraft; artisanal". 

dast: "field". — 85, 9, 10. 

dastan, dar-: "to hold; have, possess; to maintain; to have under one's guardianship ^ 
pat grapih dastan "to hold (a thing) as security/as a pledge"; pat xvap 
daStan I darisn "to consider as lawful"; xvastak pat xvesih t M. dastan "to con- 
sider a thing as M.'s lawful possession/ holding"; frac dastan "to put off, to de- 
lay"; see also, xvarisn ut darisn. — 5, 9; 6, 4; 18, 12, 16: 19, 3; 24, 12—14, 16, 
17; 25, 2, 3, 5, 6, 17; 26, 7, 17; 27, 4, 13; 29, 4, 10, 11; 32, 6, 7; 34, 5, 9, 13, 16; 
35, 3, 4; 36, 8; 37, 12, 17; 38, 2; 39, 5; 40, 6, 8, 10, 12; 44, 4; 45, 2, 10; 46, 6, 8, 
10, 12, 16; 47, 8; 50, 1—2, 8—11; 53, 6, 7; 66, 16, 17; 74, 2; A16, 9, 10; A17, 
2, 3; A36, 8, 10; A37, 3, 6, 11, 15, 17; A38, 1. — Cf. darisn, dastanh. 

dastanmah vi tartan: "(the offence of) having sexual relations with a woman during 
her menstrual period". — A35, 17. 

dastarih: 1) "'maintenance"; 2) "the pay-rations allotted to the trustee over a founda- 
tion for the souP, (lit. "maintenance"). — 27, 10, 11; 31, 10; 51. 5. 

1 dut: "law, justice". — A35, 5. — Cf. datastan. 

2 diit: "the transfer (of a thing), traditio". The formal opposite of andarz, ozltluzU 
(q. v.); dat pat sar bavet (regarding a transfer in accordance with the latest tes- 
tamentary disposition); dat paytak kartan "to make a declaration of transfer". — 
17, 1; 30, 10, 12; 31, 6, 8; 90, 4; 95, 1; A9, 8; A27, 13; A2S, \.— Cf datan, 
adahismh, adat, rat. 

] diit: -'age". — 26, 16; 28, 6; 29, 8; 48, 3; 87, 16. 



351 



GLOSSARY 



d:tta[lar. "judge"; data/Jar i kos ''junior/lower judge"; dalafiar i mas "senior judge"; 
data liar i pasvmiir I pesimurun "judge oflhc respondent /of the plaintiff; 3. 3, 7, 
8; 5, 6; 7, 11 -, 8, 10; 14, 10, 11, 'l 4, 16; 40, 1; 43. 15; 49, 16, 17; 54, 1, 2; 71, 9. 
.16; 73, 2, 14; 75, 6, 8; 77, 11; 86, 5, 13, 14; 91, 10 15; 5)2, 3; 93, 3, 6, 10; 94, 3; 
99, 10, 17; 100, 5, 12; 110, 5, 6, 14; A12, 11—13, 15; A13, 14—16; A14, 6: 
A15, 5; A25, 16; A26, 7, 10, 11, 14; A27, 9; A28. 9; A29, 8, 11; A30, 2. — Iran. 
*databara-, W 3 ddvar; loan word in Biol. Aram, dthry' (Dan. 3, 3). 

datafiarih: "a judge's jurisdiction". — 99, 10. 

datan, he datan, dah-: "to convey, to give/present, to accomplish the transfer of a 
thing (with all due formalities)". — Passim. — Cf also the following usages: 
apac datan "to return (a debt /loan); to compensate for losses' 1 , 38, 8; 39, 13 — 
14; 86, 1; 102, 1; 110, 13—14; be datan "to give (in marriage)", 83, 7: A14 ; 
12 — 13; be 6 pes datan 1 6 pes datan "to transfer further, to another person; tc 
transfer in one's turn", 25, 12; 26, 6, 9 (cf. opes apispartan). — Cf. 2 dat. 

'datastan: 1) "law, right, justice 1 '; 2) "court, legal process", see 2 datastan; 3) "judicia 
affair, legal case and its resolution", also "case" in a broader sense, "causa", see 
^datastan. For the first meaning ("law"), cf xvat-datastan "ipso iure" (?), see 31 
12; see also below, the terms datastan brat, datastan pus, datastan duxt, datasta 
x\>ah. — Iran. "data- "law". Av. data-, MP dadestan, Arm. (from Parth.) da 
datastan ajnd their derivations. 

"datastan: "court, legal process": datastan datan Ikartan "to assign to /arrange for h 
gal process, a court session /hearing"; datastan raSemtan "to conduct a case; ' 
participate in a trial as one of the parties'"; datastan pat var "trial by ordeal 
datastan sar ah-lbuian "to be terminated (of a case /trial)"; pat datastan andt 
estatdn "to be present at a trial, to participate in it". — 5, 13; 6, 5, 10 — 12; 
10: 8, 16—17; 9, 10, 12; 11. 11, 12; 12, 5; 14, 1, 10; 16, 8, 15, 16: 32, 5. 9; 3 
5; 73, 13; 74. 11, 13. 14; 75. 3. 4, 6, 10, 11:76,3,6.7.9:77, 15—16; 78, 1; 8 
3 r 15; 90, 6: 91. 1, 6; 93, 17; 94, 2; 107, 12; A15, S; A16. 2: A26. 1. 2; A29, 
A30, 8, 11; A31, 17: A32, 1. 7—10, 13. — See also raSenisn. 

a datastan: "cause, legal case and its resolution, court decision, judgement", likew 
"case" in a broader sense, "causa". — 9, 3—5; 10, 7; 12, 16; U, 9; 15. 14; : 
12: 28, 4; 39, 2: 42, 17; 46. 1:48,4, 57, 5; 61, 1; 77, 4; 78, 12;* 86, 15; 87,6;' 
11; 95, 6; 104. 7; Al, 5; A5. 9; All, IS: A16, 7. 

datastan brat, datastan briitarih: "legal brother, brother 'according to law"'*. — 
7: 42, S. 16. 17: 71. 6. — The one who is the "legal" son and heir (see. dot as 
pus) of the person's father (likewise "legal"). See the commentary s. v. dams 
duxt. 



datastan durt: "legal daughter; daughter 'according to law 1 ". — 42. 9— 
13,14. — Synonym of dim t patixsaylha (q. v.) but more inclusive: this t 
designates both person's daughter-heiress born from a marriage witli full ri 
(pdtixsayih), and the daughter-heiress born to him. by his star (sec srf/r) of 
type (see also duxtdat. diitak-zat). Corresponding to this designation is the c 
gory of "children according to law" (henajd bs-namusd) in the classificntic 



352 



GLOSSARY 



fid bdxt (IV, I — 4) which underwent a Christian redaction and where the 
"children according to law" are opposed to "natural (/. e. blood)" and "adopted" 
children. Cf also datastan brat y datastan pus, datastan xvah. 

datastan pus/puslh: "legal son, son 'according to law'". — 28, 7; 42, 14; 71, 6. — 
The successor of the person: both a son bora, from a marriage with full rights 
(pdtixSayih) and a successor acquired through a stur. This term unites in a single 
group the terms, pus T pdtixsaylhd, duxtddt, stunk pus, dutak-idt. See also the 
commentary x v. datastan duxt. 

datastan xvah: "legal sister, sister 'according to law'". — 42, 9. — "the legal 
daughter" (see datastan duxt) of the person's (likewise "legal") father, cf 
datastan brat, datastan pus. 

datgah: "a proper, prescribed place". Specifically the place in a Zoroastrian temple 
designated for the setting up of the Fiie-altar, "Fire-temple". Cf. the expression 
dtaxS/dtur-(r)6k pat Varahrdmh a datgah nisastan (regarding the setting up of 
an instituted Fire-altar in a great temple of the Varahran-fire). — 27, 1, 7; 110, 
8; A33, 7; A39, 5, 8. — Iran *ddtya ga&u-, cf Av. ddityo.gdtav-. 

datlha: "in a legally prescribed fashion, lawfully ". — 101,6. 

daxsak: "sign, mark". — A15, 11; A20, 6. 

den: 'Village". — 78, 14; A29, 13. 

dehkan: in the expression dehkan J sahan $ah "subject of the King of Kings, citi- 
zen". — 1,1. — Cf the synonym sahan Sdh bandak. 

dehpat: "ruler, dahyupat". — 3, 1; A27, 5, 7; A39, 10; A40, 2. — Av. dairjhupaiti-, 
MMP dhybyd, Arm. (from Parth.) dehpet, dehapet (Hb., AG, 1, 139). 

den: "religion". — 26, 16. 

denlk (?): see var I denlk. 

deman: "hearing (by a judge) /(court) hearing; judicial office". — 73, 14; cf also, 
A9, 3. — ■ Iran *daiman- (*day~ "to see"), cf Parth. andemdn "opposite, before 
the eyes of, Arm. (from Parth.) yandiman "opposite /in front of", MP 
{h)andemdnkar handemdn, handemdnemtan; see Bartholomae, Air.Wb., 159; ZsR 
IV, 16-17; Hubschmann^G, 1, 140-141. 

+ dcp: "meeting, encounter"? — A14, I.— Cf. Parth. dyb, dybg "happiness, luck, 
fate", Arm. (from Parth.) dip, dep-k' "meeting occasion /chance", dip, dipan 
"favourable"; dipJm, handipim "to collide with/run into, meet, coincide", Iran. 
daip-; see Benveniste, TPS (1945) 72. 

dip: "document"; dip I patixSay-kart "mandating document /mandate". — 84, 2; 100, 
12—14; 102, 15, 16; 103, 3, 4; 110, 9, 10; A7, 3; A14, 6; A26, 5; A28, 2, 3; 
A29, 15, 16; A30, 1; A38, 16. 

diplr: "scribe, secretary". — 78, 4. 

diplrih: "document". — 8, 17; A16, 16. 



353 



GLOSSARY 



divan: "chancellery, department, bureau". — 65. 9; A27, 2, A37, 5; A40, 9. — Iran. 
*dipi + pana- "repository/archive of documents and letters"; sec Hcnning. 
BSOAS, XII 1/3 (1951), 644 n. 7. Sec also below. 

divan I kartak(an): "department /chancellery of pious foundations". — A27, 2; A37, 
5. — Cf. kltk '/? (= kartakan) with the sense of "foundation for the soul" in KKZ, 
2, together with kltk'n ZYyzd'n (ibid., 11, I, 4, 6, 8, 9, 10, 15) which is also at- 
tested in &KZ with the Greek translation (11. 68, 19) xpzia veal OpnaKeia -tc>v 
Getbv. Cf. also MMP ruvanen kirdagan (M74 V13). See Perikhanian, VDJ 
(1973/1), 3—24; ObUestvo, 160—176. 

divan I magupat I ArtaxSahr-Xvarrch: "the chancellery of the magupat of Ar- 
taxsahr-Xvarrerr. — A40, 9. 

divan I ostandanh: "department for the administration of the royal domain /lands; 
chancellery of the dstanddr". — 65,9. — See, osiandar. 

divanpan: "head of the chancellery, archivist". — A26, 6. 

do-kaslh; "conjunct persons, association of two persons"; pat rah i do-kasih "on the 
condition of the presence of two persons; via 'two people'". — 69, 9, 12. — Cf. 
ev-kasih. Cf. also Aram. (Bab. Talm.) tna\' (=MP tan do) "ambo, conivnetim" 
[TelegdLJ^ (1933), 224]. 

dositan, doS-: L *to approve"; kamak dositan "to express one's approval /agreement of a 
disposition (of the conveyor) regarding the transfer of a thing". — 55, 5; 66 , 2, 

4, 8, 10; 67, 12; 68, 14, 16. — Iran. *zaus-, OP daus-, Av. zaos-, see Baxtholo- 
mae, ZsR III, 22—26: Benveniste, Titres, 117—119. Cf kamak, kamiston, pati- 
griftan, sahisn, sahistan. 

do-vartan: '"two-fold, twice"; do-vartan avastan "to seal twice" — 110, 6. 

drahm: "drahm (monetary unit); money 31 . — 1,15: 12. 7. 9; 37, 15, 16; 38, 9, 11; 39 

5, 6. 9, 13. 16: 85, 3. 5; 54, 9; 59. 12; 68, 5; 79. 3: 81, 5, 6, 10, 12—14: 88. 10 
89, 4, 6. 7, 10. 14; 104, 6, 7; 109. 4. 5; A16, 1, 2, 4; A18, 13—15; A19,. 14. 15 
17; A20, 1 — J. 

drang: ''period, time"; frazam drang '"the final period" (in the eschatalogicc 
sense). — 79, 10. 

draxt: "tree". — 39, 2; 40. 13. — See also, dar ut draxi. 

tivryolkn yatakgofHh: "advocacy, defense of the interests of the destitute". The legen 
on the official seal of the magupat of Pars. — 93. S. — This title goes back lo tl 
Avestan tradition, cf. Av. Oroya. driya\>- (Air. Y\'b.. 805) and the designation 
Zarathustra as the ''pasior-proiector (vaster-) of the deprived (driyu-)". )". 27. 1 
see Bartholomae, MirMund, II, 16-24: de Menasce. Melanges Masse, I2S2 — 2S 
Lommel, Pratidanam (1969), 127 — 133: Bailey. Studies in In da-Asian An ai 
Culture II, 16—19: Shaked, Monum. H. S. Nyberg 11, 213—216. A lege 
containing this title (SthJy dlgM's'n y'tkgwby IV d'ru-bly) is found on n seal ii 
pression from Qasr Abu Nasr, see Henning, Asia Major, TV] (1951), 14-4; Mitt 
iranisch, 46. The title is attested in its Armenian form jatagov enmctw 
zrkeloc' "the advocate /protector of all the deprived" as a characteristic of * 
IVth C. kat'ohkos Nerses 1: see Buzandaran, IV, 3. 



354 



GLOSSARY 



dnry: "lie". — 91,2. 

drrry-caS: "a preacher of false doctrine'. — A15, 10. 

Dron: "Dron", name of a liturgical service. — 35. 14, 15. — Av. draonah-, Air Wb., 
769—770. 

droS: "stamp, brand"; dros i sahr "brand of the sahr, dros kartan - drositan (q. v.) — 
1, 14: 3,5; 73, 1;A15, 2. 

drositan. dros-: "subject to branding, to brand". — A35, 8. — Iran. *draus-, Av. 
draosa-, draosisvant, drusta-, MP dros. drosm "brand"; Arm. drosm "brand, 
mark made by burning or cutting' , and its derivatives, see Bailey, BSOS, VLG 
(1931), 594— 595. 

druvist: "whole, intact, preserved" (of a thing); druvist dastan "to preserve intact (a 
thing deposited), to keep as a deposit". — 6, 13—14; 31, 15; 64, 11—14; 91, 15; 
104, 2. — Bartholomae, ZsR I, 22—25; V, 43. 

druvistak: "rightful, fair". — A26, 11. 

druz sikastan: "to crush the demon (lit. 'the lie')"; designation of the action taken 
against a sorcerer — A26, 9. :\ t 

druzlh: "lie". Variety of offence. — A34, 12. — Iran. *drauga, Av. draoga-, et al.^cf. 
Arm. druz "perfidy, falsification", druzan, drzem "to deceive, betray, break a 
contract, bring damage" (Hb., AG, 146). 

dusrav: "having a bad reputation, of ill-repute". — A15, 15; A35, 2, 5. — Iran *dtjS- 
sravah-, Av. daus.sravah-, Arm. dsrov, dsrovem, Hb., AG r 146. See also next 
entry. 

dusravlh: "bad reputation, ill-repute". — 78, 10; A35, 1, 3. 

duSkartan, *duSkar-/*duskun- "to perform evil deeds, to harm** (of a sorcerer). — 
A15, 16. — Cf. Av. dus.ksrat-, Air Wb., 752. 

duSman: "enemy, foe". — 103, 8, 10. 

dusnirmat: "with damage, at a loss; disadvantage, lack of profit /revenue". — 
A33, 8. — See rilrmat, 

duspiitixsay: "impermissible, unlawful, illegal, arbitrary". — A30, 7. 

dutak: "family"; (h)er t dutak: "familv estate/property". — 13, 14; 14, 7, 8; 15, 3— 
6, 8, 9, 11, 13, 17; 16, 1—5, 10, 12, 14; 19, 12; 20, 6, 13; 22, 6; 23, 17; 24, 1 
25, 11—15; 26, 1, 3, 4, S, 11, 12; 27, 1, 4, 14, 15, 17; 28, 1, 12, 15; 29, 2; 41, 3 
42, 16; 43, 9, 11; 46, 17; 48, 10, 11; 51, 3, 6, 14, 16; 52, 6, 8. 10—12, 15; 63, 3 
67, 7; 69, 9, 10; 71, 4; 75, 14; 82, 2, 3; 83, 1, 2; 90, 11; 94, 11. 14; 96, 1; 107, 4 
109, 8; 110, 2; A5, 13; A7, 10; All, 7, 9; A13, 5, 6; A20, 11; A31, 12; A35, 11, 
14; A39, 7; A40, 8, 17. 

dutak sardar, see sardar. 
dutak stur, dutak sturih: see stur, sturih. 

dutak-zat, also andar dutak-zat: "a successor acquired through .v/urship'', lit. "born 
into the family (of the man whose sturship was assumed by the child's mother — 



■•* r. : 



gloss Any 



A. I>.)-\— 42, 5, 14; lit). 2; A20, 11; A35, 11, 14.— Cf. rlttxtdat, datnstan 
pus I dux!, sturih. 

duxt, duxtak: "daughter". — Passim. — Sec duxt 1 patixsaytha, dux! I dakariha, 
da last an dux I. 

duxtakinlh: "adoption as a daughter; adopted daughter"; pal duxtakanih be 
datan t patigrifi an "give for adoption as a daughter/adopt as a daughter". — 33, 
6; 50, 17; 69, 1 , 2; 70, 2. — Cf duxtlh. 

duxtdat: ^a son and successor born to an epikleros-daughler {=ayoyen/avuyen, 
q.v.y. — 41, 3, 6, 13; 110, 3; A37, 11. — Iran. *dugda-daia-, cf Gk. 
QuYti-rpiSou:;. Cf cakardat, dutak-zat, datastan pus I duxt, sturih (stunk pus). 

duxtlh: "daughterhood"; pat duxtlh patigriftan: "to adopt as a daughter". — A40, 13. 

duz: "thief; theft": — 1, 14; 37, 5; 73, 9; A.15, 2, 9; A27, 11; A28, 13, 15, 17; A29, 
1 — 5; A35, 8. — See also duz kartan, duzitan. 

duzitan, duz-: "to can}' off, to abduct; to steal". — 38, 10; 73, 3, 5, 8, 10; 
A26, 4, 8. — Cf ap(p)urtan. 

duz kartan: "to steal". — 73, 3, 5; A35, 7 — 8. Synonym of duzitan. 



E 

e: "time, period' 1 . — Passim. — Iran. *ayav; cf Av. aya\>- "time, period of time, age", 
Air FTd., 333. 

ehrpat: "herpai, priestly calling". — 5, 13. — Av. aedra-pati-,Air 177?., 20. 

cmocan: in the expression, pat cmocan, lit. "for outfit, equipment"; technical term 
designating the allotment given by the royal treasury in conditional possession 
for life to a horseman — 77, 6, 8. — Iran. * adi-maucana- derived from 
*adi-mauk-, cf. MP patmocan "clothing, vestments". Arm.patmucan. 

crangih: "guilt, imputation of guilt, condemnation /sentence to a measure of punish- 
ment". — 3. 5; 7, 9; 8, 15; 9, 9, 10. — See eraxtan. eranjenitan, handraxtan. 



craxtan/erajenitan, eranj-: "to declare, recognize as guilty, to condem/ convict, to 
sentence (to pay a fine or to any form of punishment); eraxtitan "to be guilty. 
condemned /covicted, sentenced". In opposition to boxian (q. v.). — 7, 9; 8, 7: 9. 
2. 3.4. S, 15:10.2,6,9. 11; 11.2,4. 7. 9. 15; 77. 10. 12: S3. 11, 16; 84. 14; 97. 
15; 102, 8, 11, 12: A13. 10, 15, 16. — Spelling. Wine-: 'ylxt. This verb and its 
derivations is frequently attested with the meanings indicated in other Pnhlnvi 
texts as well, as often as the antithesis of boxtan "to free from guilt, release from 
a debt; acquit", Cf also Jud.-Pers. eraxieh "godless", eraxtegi "sin, offence; 
godlessness", see de Lagarde, Pers. Siud., 71. In the translations of "Ncryosangli. 
boxi ui craxt are rendered in Skt. as suddham as'uddhamca, erang- asxrddhah , 
Banholomae [IF, XII (1901) 111—114; SRb, 23—25; ZsR IV. 8], while correctly 
interpreting the word as "fur schuldig erklaren. condeitmarc", suggests its dcri- 



350 



GLOSSARY 



vation from Iran. *adi + rik- "linquere" . Although this etymology may seem 
possible on semantic grounds (cf LaL delinquere, delictum: "to let escape; to 
make a mistake; to commit an offence") it is not acceptable for formal reasons: 
in the given word the root vowel is -a- and not -/- (Bartholomae gave too great 
an importance to the Paz. transcription srsxr, parallel to eraxt, and to the iso- 
lated cases of the spelling 'ylyxt which evidently arose from the plene yi'xt). 
Subsequently the Pahlavi and Judaeo-Persian forms were compared, without any 
great certainty, by Henning with the verb 'yrnz-, \vrxt "to fight, straggle (?)" of 
the MMP texts, which he derived from adi + ranf, cf. NP ran] "suffering /tra- 
vail, toil" (Verbum, 199. 217). However, the semantic content of the Pahlavi 
forms is incompatible with their derivation from this root, ran]-, with which the 
MP W, l yrxt may likewise not be related. Anyhow, whatever the etymology of 
MP eraxtan "to fight", eraxtar "fighter, warrior" [I should suggest a connection 
with Iran. * ark-/ rak- "to offer a resistance; to defend"; on this root see my arti- 
cle in Studia Iranica 17/2 (1988), 131 — 140], one must keep these words distinct 
from those under discussion here. Moreover, the Manichaean contexts do not 
exclude the possibility of the interpretation "to accuse, condemn". Far more in- 
teresting is Henning's indication (/. c.) of F. Andreas' comparison of boxt — eraxt 
in the Pahlavi texts with Parth. boxt — andraxt. PartlL 'ndmj-l 'ndrynj-: "ndrxt 
of the Manichaean texts means "to acknowledge guilty, condemn, sentence" 
(likewise in Andreas' and Henning's translations), cf. e, g, gl38 — 144 (A — H, 
MiM 111, S73) c\v'g\m kd pt tl'zwg rzwr pdhynfh bwxtg'n W 'ndrxtg'n "like a 
judge weigh on a scale the acquitted (= innocents) and the condemned 
(= guilty)!"; m22— 23 (ibid., 884) bwfd bwtg'n 'ndrxtg'n 'ndrynj'd ll thc acquit- 
ted are freed, the guilty condemned /acknowledged as guilty", cf. also 'ndrxtgyft 
"Verurteilung, condemnation, sentence" as opposed to bwxtgyjl "acquittal, re- 
lease from accusation" (gl62). Its exact correspondence in Pahlavi is handraxtan 
"to sentence, condemn, compel by law" (vide infra s. v.), in Manichaean MP 
texts — 'ndrxt [M2 RI, 25 — 26: srxsynyd w "ndrxt *w qys'n "he (= Addai) in- 
flicted destruction on (?) and condemned /declared sinful the dogmas"; Hen- 
ning's translation (MiM H, 302; Verbum, 199) is "he fettered (fesselte') the 
dogmas"]; cf also MMP 'wdrnz- "to condem", the form with the preverb ava- 
(Henning, BSOAS, XI/3 (1945), 485). Not only are the Pahl. eranj-: eraxt, 
erang(Th) synonymous with the word given above, but they are formed on the 
common root *drang-, compounded in this case with the prevefb adi- 
(*adi 4- drang- > MP *ehrang/j- > erangljlz-, with the regular development of the 
historical intervocalic -dr- > ~hr- and with the equally regular subsequent drop- 
ping of the -h- after the long vowel (e- <adi-) and before r in the MP form), 
Moreover, in opposition to the opinion expressed (see Ghilain, 51; Bailey, JRAS 
(1955), 14—15; and Emmerick, SCS, 141) the root * drang restored in words 
having the meaning "to establish guilt, condemn, sentence", cannot be identified 
for semantic reasons with Iran. * drang- "to make firm; to hold", nor with Iran. 
*tr(n)k- "to press", as it was suggested by Henning (BSOS, X/i (1939), 101 n. 3). 
Iran. *dra(n)g-\ draxta- with the basic meaning "to owe, be indebted" should 
apparently be related to I.-E. *d[gh- attested in western Indo-European dialects, 
Goth, dulgas "debt", dulga-haitja "creditor", Olrish dligim "I deserve, I claim", 



357 



GLOSSARY 



dligcd "dcbL. obligation", OS1. dlugu. Rus. riolf> 1) "debt"; 2) "tribute". The pro- 
posed connexion entails neither semantic nor other difficulties. The semantic de- 
velopment "debt -> guilt, sin, culpability, offence", "debt -> compensation, fine, 
punishment (debt as Lhc atonement for an offence, a compensation)", 
"debt— ► responsibility", "to owe, be guilty", "to declare liable, guilty; to con- 
demn, sentence" is well known (sec c. g. Schradcr — Nchring, Real lexicon II, 
s.v, Schuldcn, Verbrechen). This root unquestionably appears likewise in Av. 
suptiSaranga-, a compound whose meaning ("who has a liability on his shoul- 
ders") was correctly established by Gcrshcvitch (Miihra, 266 — 267). The Ave- 
stan term designates art agnate, a representative of a blood-kinship group all of 
whose members in the legal sense were "co-possessors, partners" and were 
bound together by a joint responsibility. Another Iranian term *adranga- 
(< *a+ drang-), Aram, "drng has the same meaning in the document Kraeling 
11,9. Here the obligation to answer for the debts of the dead man is laid not only 
on his successors, but also on his 'drng, evidently his agnates (or partners) held 
to be jointly responsible for a debt and for an offence (in other Aramaic docu- 
'ments hngyt = hangai8a-, hnbg' ' = hambdga- "co-partner, partner" are mentioned 
in analogous contexts). Cf. also MP drang "guilt, responsibility" [e. g. DkM 723, 
14 — 16. Apar candlh 1 drang J ddtaflar pat okas ku pesemar zur-xvah pasetnar 
droy-x\>astuk ''Concerning the degree of guilt /responsibility of the judge if aware 
that the plaintiff is malicious (and that) the defendant has agreed to (= accepted) 
an injust decision of the court"]. See also erangih, handraxtan, 

estatan, est-: "to stand, to be, to stay". — Passim. — With prepositions, artdar 
estatan "to remain, to abide", pat hamemdnh andar estatan "to be present at 
(= to participate in) a trial", 70, 5, 9; A15, 10; apac estatan "to renounce; desist, 
deviate", — 35, 15; 37, 6, 9; 82, 13, 14; A12, 1; apac 6...estalan "to hold to ...; 
withhold, to hold back", 104, 4; A18, 11—12; apar estatan "to support", A12, 
4 — 5, 7; be estatan ''to be outside; be put outside": 64, A — 5; be estatan (hac) ''to 
diverge (from), withdraw" — 27, 13 — Iran *adi+sta-. 

evac: "formula, formulation". — A16, 17. — Iran. *adi-vacah-. 

evar: "authentic, trustworthy, competent". — 3, 3; 12, 15; 32, 4, 9, 10; 7$, 8; 77, 12: 
83, 3:86, 14. 15; 93. 1,3; 102, 10; A16, 5; A26, 4,5,7,9, 11, 14, 16; A27. 4-, 5. 
13; A2S, 3, 5. 7, 10— 12; A29. 7. 9, 11, 13. 14. 16; A34. 6; — Iran. *dai¥var- 
**to chose; to decide; to believe". Cf. vd\<arikan. Antithesis x vardiriand. 
a\'d\>arikan. See also next entry. 



evarlh: "authenticity, train: validity (in the legal sense): competence"; pat evarTh kar 
hac- is kartan "to consider it (= the seal) valid, authentic"; o gvarlh 
vartitanfvastan "to give authentic testimony after an initially false or inexact 
one". — 5, 15: 8, 16: 9, 1—3: 13, 3; 14. 14; 75, 8; 86, 14; 91, 5, 8; 99. 2, 3, 8; 

102, 11; 107. 9; 108, 7; A10, 12; A13, 9; A25, 15; A27, 6; A28, 10, 12. Cf. 

evar, vd\>arikanih. 



358 



GL0SZ4RY 



frahaxtiSnih: •'education, instruction, knowledge". — 79, 16. — Parth. frhynj- "to 
give an education, to instruct"; MP frahang, NP frahang "method, knowledge, 
education, good manners", frahang! "teacher", et al; Arm. (from. Faith.) hra- 
hang "instruction, teaching, training, schooling"; cf also MP ahang (q. v.) "rale 
order, arrangement, Arm. ahang. As it was already admitted by Bartholomae, 
Air IVb., 1745, this may derive from Iran *hang< haxta-, cf. Av. haxta- "regular, 
lawful, educated, competent", anahaxta "irregular, incompetent", Sogd. 'yt'w. 
"judge". Osset. xydau "rule, norm, custom" et al. (on this root see Benveniste, 
Et. oss., 51 — 53), and not from *6ang- "to draw, to pull", as it has usually been 
assumed (see e. g. Salemann, Mittelpersisch, 302; Nyberg, Hb., H, 70; 
Ghilain, 51). 

frahistan: "to learn, to receive information". — A38, 9. — From *fra5ist <*fradi$ta 
(SW transit -$t->-st-), *fra + dais, Av. Jra- daes-; see Nyberg, Hb., II, 70; cf. 
Henning, Verbum, 180. 

framan: "order, disposition; royal edict; court order, judicial decision; testa- 
ment/will". —3, 1; 26, 15; 27, 13; 29, 10; 32, 3; 34, 10, 12; 35, 15; 41,16; 44, 
4, 17; 45, 10, 12; 46, 6; 47, 17; 76, 16; 83, 2; 93, 6, 11; 96, 2; 105, 8—10; A14, 
11; A16, 15; A27, 5, 7; A36, 8, 11; A37, 3, 6, 9, 13, 16; A39, 13; A40, 2. 

2 framan: "framan"; name of a degree of guilt /delinquency. — A8, 1. — Av. *frama- 
na- (?). This term is also attested in the Sn$ (1,1), in the paragraph derived from 
the Pahlavi commentary on the Videvdat, and in the Persian Rivayats (Riv. 
Harm. From; 288 — 289) where it designates the first and lowest degree of mis- 
demeanor — and correspondingly of guilt — in the lahm group (q. v.), that in- 
cludes various acts of physical violence. A possible meaning for Av. *framana- is 
"threat (of the use of physical violence)"; cf the Latin derivatives from the same 
I.-E. root, minor "to step forward; to threaten"; minatio "a threat"; minax, 
minator 1) "stepping forward" 2) "threatening"; cf also Lat. promineo. 

framan butan: "to obey, be under the power of. — ■ A5, 4. * 

framatan/framutan, framay-: "to dispose, order' 1 ; karframutan regarding the legal 
act of disposal cf Av. s kar.— 55, 11, 16; 65, 9; A5, 7; A25, 10. 

fraskart: "(the final) renovation (of the word)"; ta fraskart "forever /eternally" (of a 
transfer). — A2, 14. — See next entry. 

fraSkartlk: "eternal, eternally"; regarding the transfer of a thing into someone's pos- 
session, — 62, 5; Al, 1. 

fravartak: "document" (of title). — 93, 3. — MMP prwrdg "a letter", Sogd. prw'rt 
"a scroll, book", Arm. hrovartak "official letter, title document", Aram. (Talm.J 
prwrtq' "edict". See s. v. namak for the synonyms. 

Fravartikan: "(the five days of) Fravartikan". The reference is to the first five day 
period of the Gahanbar Fravartikan, which corresponds to the terminal five days 
of the lunar year. — A38, 5. — See also s. v. Ahunavait gah. 



359 



GLOSSARY 



Fravartln: "Travertin"; the first month of the Zoronslran calendar. — 35, 10. 

fnizund: "child, son, offspring". — Passim, — Sec, Jrazand i cakar(iha), frazand i 
pdtixsdyihd. 

fraiam: "lime-limit". — 35, 11. 

frcivan; see ^parezvan 

froxtan, frofc-: "to sell" ;_/rox/ ut dat 1, alienation";/rox/an ut datan "to alienate". — 1, 
13, 16; 5, 6; 6, 7, 13; 7, 15; 31, 13; 32, 3; 33. 9, 14, 15, 17; 35, 5; 38, 12, 13; 85, 
1; 64, 11; 70, 1; 74, 13; 96, 14, 15; 105, 17; A8, 12, 13; All, 17; A22, 9, 10, 
12—17. 



G 

gam: "step"; andar 3 gam "at a distance of three steps /paces". — A26, 3. — Accord- 
ing to an ancient custom attested in the Avesla, the litigants were separated from 
each other and from the judges during the trial by a distance of "three steps"; see 
Fr. 1 olm, 27, s. v. aradwano, Reichelt, WI, 15 (1901), 125; cf. also Ay. 
8ri,gamya-; Air H^., £06. 

' x ganj: "treasury". — A21, 10—12. 

- garzisn: "complaint, appeal". — 86, 5. 

s , garzitan: "to complain, appeal"; garzitan J must (q. v.). — A26, 4. 

gat: 1) "sexual cohabitation"; 2) "a marriage sine manu maritf'\ 3} "adulter)'" (the 
offence of); tan pat gat datan "to enter into sexual cohabitation or into a mar- 
riage sine manu maritT. — 36. 15, 16; 73, 7, S; 77, 3; A15, 4: A31 ; 7—8. — Cf. 
gatan. gaiar. 

gatam gay-: 1) "to enter into sexual cohabitation"; 2) "to enter into a marriage sine 
manu rnaritf: 3) "to commit adultery". — 10, 8; 12, 8; 36, 6, 7, 17; 73, s"s3. 7: 
A14, 4. — Cf gat r y^.gatar 

'gatar: 1) "sexual intercourse"; 2) "a marriage sine manu maritr; 3) "(the offence of) 
adulters-". — 24, 8, 9; 33, 1; 83, 8: A13~5; A14. 3. 

-£atar: 1) "cohabitor": 2) "husband (without full rights)"; as against soy. — A4. 1U: 
A14. 3. 5. 

»av; "cow. bull". — 102. 4—6, 9; A19, 10. 

gavakih: "growth". - — 79, 12. — Iran. *ga\>- "to increase to grow". 

gehan: "property ". — 98, 1. — Iran. *gai&a(nam): Av. gac8a- ■"property", specifi- 
cally, "the property belonging to agnates", ha55.gac9a- "co-owner, co-prop ric- 
tor""=Pahl. hmngC'han [Air. IJ7j., 476—478; Perikhanian, 17J7 (1968/3), 36— 
37]. OP gai8n-, Algh. yele "herd" (Morgenstierne, &<P, 25). Aram. (Targ.) g.vt~ 
"property; cattle" (Tclcgdi, JA (1935). 237). 



ur.n 



GLOSS.-WY 



gil: "clay"; here "seal". — A34, 2. 

♦gituk; see GVk. 

gizir: "policeman, guard". — A26, 4, 8. — Spelling gcyr'n. Cf. Syr. gaztrdie 
"police" (Hoffmann, Auszilge, 62, No. 542; Noldeke, ZDMG, 35 (1881), 233), 
NP gizir "elder, tax collector"; New Arm. grir, see Hubschmann, Pers. St., 272. 

g6[3: "declaration; court testimony; court session; trial"; 6 gofthitan "to go to a court 
session, a trial. — 71, 11; 73. 15—17; 74, 2; 75, 7. — See also goftisn, goftisnih, 
gufian. 

go{Msn, goJliSnlh: official statement or declaration; pronouncement of a specific for- 
mula". — 2, 11; 54, 15; 55, 5, 6; 60, 8; 63, 8, 10, 14, 15; 64, 6, 12, 14; 73, 4, 6; 
77, 15; 95, 14; 100, 13; 106, 6; A9, 7; A28, 7; A33, 6; A40, 11. — Cf. gofi. 

gopisnlh datan: "to issue a judicial statement or formula". — 86, 7. 

gohrak: "property; wealth, capital". — A29, 6. 

gospand: "small cattle, sheep". — 12, 9—12; 104, 6; A12, 6. 

gos-vala5: "up to the ear"; as regards the depth of a channel.- — 85, 8. — Traditional 
measure of height and depth; cf. Av. gaoSo.baraz-, Air Wb., 486. 

gosvar: "earring". — A15, 16, 17. 

grafl, graplh: "pledge, hypothec; antichresis-secuiity", likewise "a mortgaged or hy- 
pothecated thing, one pledged"; grafl api spartan "to transfer a pledge"; graft 
kartan "to pledge"; pat graft be nihatan "to pledge"; pat graft dastan "to hold (a 
thing) as security"; (pat) graft griflan I patigriflan "to take, receive (as a); secu- 
rity"; hac graftih histan "to release from pledge /mortgage" (of the action per- 
formed by the creditor). — 7, 17; 11, 1, 6, 9, 15; 12, 6, 9, 13; 14, 13; 15, 6, 7; 
31, 13; 34, 15; 37, 12—17; 38, 2, 9, 12, 14, 17; 39, 1, 2, 5, 12, 14, 17; 40, 1, 4, 
13, 16, 17; 74, 17; 77, 13; 85, 2—4; 86, 2, 13; 89, 4—6; 99, 17; 100, 4; 102, 1, 
10; 104, 3, 5; A8, 6; A9, 4; A30, 14. — NP giraw "pledge, security", Arm. (from 
Parth.) grow "pledge, hypothec". See also agraft, graftakan, graftakdndar. 

graflakan, graf5akamh: "pledge, security", primarily "a thing held" as a 
pledge /security". Defined as one of the varieties of real right to a thing {aSvenak 
i ' xvesTh). As a derivative real right arising from a contract and limited by the 
latters conditions, a creditor's title to the pledged thing is opposed to the funda- 
mental {pat xveSJh) title to it held be the original (principal) owner, a title 
transmissible to the original owner's personal heirs and seccessors. Graftakan 
andar nihatan "to repledge the security to another (= third) person". — 37, 11; 
38, 3, 7, 9, 13; 39, 4, 6, 10; 40, 3, 5—7, 9, 10, 12; 67, 5; 83, 4; 85, 5; 89, 4, 7; 
104, 4, 5. — NP giraugan; Arm. (from Parth.) grawakan. See also, graft, gra- 
ftakandar. 

grapakandar: "creditor, security-holder". — 37, 11, 13; 38, 16; 39, 4, 5, 7, 8, 11, 
13—17; 40, 13—14, 15; 89, 3; 104, 4; A30, 16. — See above, graft, graftakan. 

griftan, gir-: "to take". — Passim. 

griftiir kartan: "to seize" (against an unsettled debt). — 58. U. 



361 



GLOSSARY 



fjriftiiromuncl: "subject lo arrest". — A30. 5. 

GT'k^+gitak: "will /testament, document".— 110, 5; A36. 11, 12; A39, 4. — A 
word apparently borrowed by Iranian from Aramaic chancellery practice in the 
Achaemened period {cf Akkad. gittu "a tablet, Idler of receipt", Syr. gctta 
"testament", late Heb. get "document, certificate of marriage or divorce") with 
the accretion of the Iranian suffix -ak(a), and transmitted through Iranian 
(= Parthian) lo Armenian, *gi(ak>*glak>ktak "testament (with the unvoicing 
of the first consonant through assimilation); cf also the derivatives, Hirtlh'or 
Ktakaran: "Old/New Testament", ktokem "to bequeath". This term is also at- 
tested in epigraphy {cf Naqs-T Rajah, 1 .26) with the spelling gtky which may be 
considered (together with the one above) equally as a direct rendering of the 
Iranian form gitak and as a heterogram (Aram. GT') with an Iranian comple- 
ment. See Nyberg, MO (1937), 80 n. 2, Szemerenyi, Henning Mem. Vol., p. 420 
and Schwartz, ZDMG, 120/2 (1970) where in addition . to these forms 
Khwaiezmian yyck is joined to the evidence. 

guftan: "to declare, to make an official declaration; to testify at a trial". — Passim — 
Cf. gop, gofiisn, 2 kartan, paytakemtan. 

guharen: 1) "exchange' 1 ; 2) "compensation for losses". Guharen 1 raxt 
"equal /equivalent exchange"; guharen karlan "to make an exchange". — 37, 2, 
3, 5—8, 9; 54, 9; A12, 4. — See next entry. 

guharlk, guharikan: 1) "equivalent, equal value"; 2) "exchange"; Guharlk karton '"to 
exchange"; hoc kar guharlk karlan "to depose/remove from office, relieve of 
one's function' 1 ; pat gvharikanlh "in exchange". — 7, 16, 17; 8, 1; 32. 14; 33, 1, 
5, 6; 39, 4, 7, 17; 40, 1, 17; 53, 5, 8; 58, 10; 86, 7, 11; 102, 4, 13; A12, 13 — 14; 
A15, 3; A26, 17. — NP guharT "exchange; compensation, restitution", gu- 
harldan "to exchange, compensate". For this term and its etymology 
(guharlk <*guahrik <*vyar&\>a~. Iran. *vi + arGya-, cf. Av. ~ara8a~. vyars&ya-); 
see Pagliaxo, RSO, XV (1935), 303—315. Cf the etymology subsequently pro- 
posed by him [RSO. XXII (1947), 60-61] guhar-<*guyar-~<*vigar-, *v/*-+ gar- 
"to take in exchange, exchange, compensate /make restitution", which seems 
more convincing to me. Cf. from the same root, *gar- "to take", (papyr.) Aram. 
'bygrn , = *dbigdrdna~ "fine, compensation, restitution"; for the development of 
Iran. -g-> late MP -h~ in an intervocalic position, cf. *Bagastana- > Bahiistun . 
On tne other hand, despite the difference in shades of meaning and areas o£ use. 
Henning (apud Boyce, Hymn-Cycles. Gloss., s. v. whyrd) may be right in postu- 
lating a link between NP guhandan ! guhurldan "to exchange, to barter"" and 
MMP whwr-. M'hvryd (= *vihurid. p.p.p.). whwrydn. inf. "to change, be changed. 
confused", MParth. whyrd "confused, disturbed", Pahl. vihirisn, \-ihirih 
"change", yalak-vihirlh "transformation, transfiguration" (DKM 161. 10: 420. 
17). Bailey proposed (ZP, 82 — S3) a derivation from vi-kar- (via *viklr-) t -which 
cannot be accepted. Henning (BSOAS X, 2, 1940, 509) derived all these forms 
from Iran. *-vi-far-. His reconstruction seems to be supported by Saka verbal 
forms aphar- (*a-far-)/aphtir- (*a-frya-) "to disturb/be disturbed"', haphar- 
(*fra-far-)/haphdr- (*fra-fn>a-) "lo be distracted", phir- {*fr\>a-) "to be disiur- 



3G2 



GL0SS.4RT 



bed" (see Emmerick, SGS, 8—9, 90), if only the Saka verbs and the group of 
Pahl. vihir- etc. are etymo logically related, of which I doubt for phonological 
reasons: an Iran. *vi-far-/frya- would not give MP or Parth. vihart vihir-. To the 
evidence of Western Middle Iranian languages may be added Arm. veher 
"vaccilating; unsturdy, fearing, frightened" with its derivatives attested from the 
Vth C. on and doubtlessly borrowed from Parthian. A semantic development 
from "vaccillate" to "reciprocate, alternate. (ex)change, interchange" and from 
"interchangeable" to "equivalent" seems natural to me. — See also guharen. 
*guhartan. 

*guhartan: "to make an exchange". — A12. 5. — This word has been restored by me 
in the text. Cf. guharik, guharen. 

gumartak, gumartaklha: "appointed; by appointment", designation, depending upon 
the form of calling, given to a guardian or stur (in these cases the appointment 
came from the agnatic group of the late head of household); cf. the antithesis 
butak, kartafq datastan gumartaklha "through judicial decision". — 26, 3; 27, 2; 
29, 1; 44, 2; 46, 12; 49, 6; 90, 12; A15, 8—9. — See also, gumartan. 

gumartan, gumar-: "to appoint"; apac gumartan "to reappoint". — 3, 5; 16, 1, 16. 
17; 20, 1; 21, 12; 23, 3; 26, 2, 3, 5, 9; 27, 6, 14; 28, 17; 29, 3; 41, 2, 8, 9; 42, 2 T 
3, 5—9, 13; 43, 4, 5, 7, 12, 13, 15; 44, 3, 8; 46, 4, 7, 11; 47, 4; 48, 7, 9, 13, 4 15, 
16; 49, 8; 50, 3, 6; 51, 12; 60, 17; 70, 2; 75, 2, 3, 5, 8; 76, 1; 78, 16; 81, 2, 3; 5, 
7, 9, 13, 14, 16; 83, 1; 87, 11, 14, 16; 88, 3, 4, 13, 14; 94, 2; 97, 12—14; 1£6, 
11; 109, 4, 7, 11, 13; 110, 3; A13, 7; A14, 7—12; A26, 12; A31, 5, 7, 8, 10— ,12; . 
A33, 7;A39, 8. — Iran. *v;' + mar-. ~ 

gumastan: in the construction apac gumastan "to deduct". — 23, 12. — Cf. Arm. 
gumarem "to sum up, perform the addition, to collect", likewise "to gather into a 
unit, into one place", gumar "sum". 

gurtakih: "captivity". — 79, 13. — Pahl. (Psalter) wldky ''prisoner; slave", wldkyhy 
"captivity, slavery, bondage"; AZ, 12, vartak (wltk); KKZ, wltky "military booty'; 
MMP wrdk, KP barda. Cf Av. 2 varata, Air Wb., 1368. 

gyak: "locality"; sahr ut gyak. — A35, 4. ' 



H 

hafcasmand; "delay, default; delay of a trial because of the default at the court session 
by one of the litigating parties; contumacy". — A trial by contumacy usually oc- 
curred through the fault of the respondent; hacasmand hat pasimdr "contumacy 
through the non-appearance /default of the respondent". — 3, 7; 7, 13, 15; 10, 
12, 13, 15, 17; 11, 1, 3—5, 8, 14, 17; 14, 12, 17; 15, 5, 6; 73, 12, 17; 75, 12; 77, 
12; 98, 15, 16; A9, 4; A13, 17; A15, 1; A26, 1; A30, 14; A32, 2. — Compound 
from MP hac-iS+mand (man- "to leave behind, to remain"). An incorrect inter- 
pretation of this term identifying it with the interdictum of Roman law is given 
by Pagliaro, RSO, XXIV (1949), 120—135. See Pcrikhanian, Mem. de Menasce, 
305—318. 



363 



GLOSSARY 



hamaovcn: ])"s;imc, identical; in the same w;iy, on the s;unc basis"; 2) full, entire; 
fully, entirely, wholly". — 30, 1, 6; 35, 12; 41, 13; 53. 5; 55, 3, 12; 69, 5; 82, l ); 
101, 14; 107, 16; A20, 15; A21, 5; A23, 6; A30, 1I;A37, 10; A38, 1.— Mir. 
ham + afiSen Q<*ahidayana-)\ RPsal. Windwyn "all. samilich" '. C/^ Arm. /io- 
mawrcn "full, entire; fully, entirely, wholly". 

hamahl: "partner, co-partner". — 63, 5. — Sogd. "/tjV^- co-partner, partner", NP 
hamal From Iran. *hamara6a- (Ski. samartha-); Bartholomae, Zum Air Wb., 
118; MiMund 1, 5, 28— 30; Henning, BSO/IS, XI74 (1946), 726. 

hamakden: "full ritual; liturgical service with full rites". — 109, 14. — MMP 
h'm'gdyn (Salemann, Man. St. 21, 81). C/ Arm. (Elisc) hamakden, see 
Hubschmann, j4G, 1, 177. 

hamaper: "building having an economic purpose (storehouse?)". — 19, 1, 2. — 
MMP, PartiL h'm'byr, "Bau?", "storehouse" (corresponds to the Gk. oikoSo^it) in 
The Shepherd o/Hermas, 12, 4); see Salemann, Man. St., 81, 145; Bartholomae, 
ZsR III, 49; Boyce, Mel. Morgenstierne, 36. 

hamarkar: "financial official, hamarkar". — 93, 5; A27, 3, 13; A28, 3, 5. — Iran. 
*hmarakara-\ Parth. (inscrip.) 'hmrkr, Aram, hmrkr, Syr. 'hmrgr, Arm.. Ao- 
marakar. See also Greenfield. Henning Mem. Vol., 180 — 186. 

hambay: "co-partner, co-heir, partner"; £n5r f hambay "a brother co-heir; c/C also 
hambay i zenik I den'ik (?) whose meaning is not clear, 23, 15; 24, 2. — 1, 1 7; 2, 
3, 6; 4, 4; 22, 4; 23, 12, 14, 15; 24, 2; 26, 11; 28, 8; 51, 17; 52, 4, 5, 8, 9; 59, 14, 
15; 62, 17; 83, 6; 85, 7; 86, 5, 6, 12, 15—17; 88, 8, 12, 15; 90, 10; 102, 13; 104, 
16; 106, 5; A6, 15; A13, 3. — Iran. *hama + baga- "holder of a common share, 
co-possessor"; Aram. (papjTi) hnbg\ "co-partner, partner"; NP anbay 
"concubine". C/^ next entry. 

hambaylh: "joint-partnership, partnership". — ■ 4, 7 — 9; 22, 6; 23, 4, 6, 8, 10; 52. 7; 
55. 10; 88, 10, 12, 13, 16, 17; A5. 16; AG, 2; A13 ; 13. 

hambarakan: 1) adj. "common, joint"; 2) adv. "jointly, together". — 19, 6; 7S, 12; 
85, 8. — From *ham + bar-, cf. Av. ham-bsrafi- "gathering", Khot.-Saka ham- 
bar- "to compose'", et al. 

hambasan; see ambas(s)an. 

hambastan. hambah-; see, hanbastan. 

hamcasmanlh: "presence; stay in front of someone's eyes"; pat hamcasmanlh J .* /"in 
t lie presence of M. before M's eyes". — A10, 5, 

hamdatastan hutan: "to be in agreement with, be unanimous". — Passim. 

hamdatastanih: "agreement, unanimity". — Passim. 



hamdutak: "member of the same family". — 29, 9, 11. 

hamemal: see hamemar. 

hamemfir: "litigant"; hamemarih "trial, litigation"; hamemar butanlkartan "to- bring 
action against, to litigate, to sue"; hamemarih kartan "to conduct /orgaaiizc a 



304 



GLOSSARY 



case/trial (as regards the judge)". —5, 6, 10; 6, 8; 11, 8; 12, 17; 13, 1, 6; 15, 4, 
8, 14; 16, 2; 38, 1—11; 74, 11; 75, 3; 84, 1; 86, 14; 91, 8, 9; 99, 11; 107, 10; 
A12, 13; A15, 9; A25, 16; A27, 7, 9; A30, 17; A32, 6, 8; A33, 13. — C/ Amu 
(IXth C. documents) hamimal "litigant", hamimal kal "to dispute, sue", Judaeo- 
Pers. hamemal. The suggestion of Bartholomae (ZsR I, 21; 11, 49-50), as to the 
relation of the element -mar in the words hamemar ("litigant"), peMmar 
("plaintiff"), pesemar ("respondent") with NP mar "calculation", PahL marik 
(<mahr<man0ra-) "word", and the interpretation of these terms as having the 
literal significance of "speaking together", "speaking before, first", "speaking 
after' are hardly felicitous. Still less convincing is Nyberg (Hb., 11. 95, 172, 
185) who agrees with Bartholomae as regards the analysis of the terms pesemar 
£ l der zuerst das Wort hat"), and pasemdr, but separates from them the term 
hamemar/ hamemal, which in his opinion continues OP *ham + adi + mar5a- 
(Iran, *marz- "to touch"). All three terms may possibly have as a base Mir. 
*hamahr/*hamahl "litigant, litigating < Iran. *hamar0a~ (ard->-ahr-l-ahl- ) 
with a subsequent loss of the aspirate and a substitute lengthening of the vowel), 
cf Av. x araQa- "litigation, quarrel; thing", 2 arQ0a- "plaintiff", arsdavan- 
"respondent", ars&ra- "suit, litigation", Av. hamorsda- "opponent, enemy an- 
tagonist" (cf. Skt artham "striving, urge, demand, goal, thing", samrti "quarrel, 
conflict, struggle /fight"). On this form (*hamahrJl>*hamdr/[) with prefixal 
ham-/peS-/pas-) were apparently composed the terms hamemdril, pesemdnll, 
pasemdr 1 1 (with an internal contraction, peS'hamartl > peSemdr). Cf the render- 
ing of the last two MP terms in the Syrian translation of the Law-Bookiof 
Iso'boxt by means of Syr. be'ldmd qadmdid, be'ldmd ahraia. £■ 

hamesak-soz: "eternally burning" (as regards a variety of altar or Fire-temple). — 
95,16, 17; 96, 1,2. 

ham-mat: "uterine" (brother or sister)". — 87, 16. 

hammuhrih: "certification /establishment (by the judges) of the authenticity of the 
seal on a document presented to the court". — A26, 3. 

hamnamlh: "certification/establishment (by the judges) of the authenticity of one's 
name /identity". — A26, 3; A28, 12, 16; A29, 9. 

hampaccen: "copy, copy of a document". — 93, 3; A28, 7; A30, 7, 8; A32, 11; A33, 
17; A34, 7, 11; A38, 7.— Iran. *pati-cagnya- "copy"; cf. MSogd. ptcynyy 
"answer 1 ; see Benveniste, JA, CCXXV (1934), 180—183; MP paccen, Hebr. 
pa&seyen, Bibl. Aram, parse-yen "copy", Syr. parsaynd, Arm. (from Parth.) 
patcen "copy, example (Hubschmann, A G, I, 224). 

hampayandan: "co-warrantor". — 2, 1; 56, 1, 3, 9, 10; 57, 6; 59, 4. — Cf next en- 
try, see pdyandan. 

harnpayandanlh: "co-warrannty". — 55, 10. Cf payandamh. 

ham-pit: "consanguinous (brother /sister)". — 87, 16. 

hampursaklh: "interrogation/ inquest; consultation, council, agreement". — 78, 5; 
A39, 15 — 16. — Cf. Khwar. 'nbs- "to counsel < +ham+prsa-, Mackenzie, 
Khwar. GL, IV, 529. 



3G5 



ClJOSSAJiY 



hnmtanih: "establishment (by the judge) of (he authenticity (= idcniificnlion) of ll 
persons participating in a trial". — A26, 2; A28, 12 — 13; A2l>. I ] . 

hamtoiiJ;n butan: "to be jointly liable for payment; to have a joint debt". — 5'J, 5. 

hamvaxS: "revenue, interest". — 51, 2, 4 (?). — The text is poorly preserved and tr 
rcading doubtful. 

hamvindisn, hamvindiinlh: "joint possession of the revenue". — 23, 12; Al, 3 — : 
12; — . Cf yindibi. 

hamvinaslh: "identification of an offence". — A28, 12; A29, 3. 



hamxvastak: "person bound by a solidary responsibility, joint -debtor, correus". — 
17; 53, 4; 55, 13; 86, 5, 9—11.— Iran. *ham+x\<az- (OP xvad-) "to wish; 1 
seek". 

hanbastan, hanbah-: "to demolish (of a house); to cast, pull down, (trees); hanbahii 
"felling, casting down". — 39, 1; 40, 15; 86, 8. — Iran. *ham +pad-, MacKei 
zie, Zarth. Mad. Cent., 131. 

hanbartan, apac hanbartan, hanbar-; "to fill; make up, compensate, indemni 
(loss, damage)". — 28, 17; 29, 1. — Iran, ham +par- "to fill". 

'(hjandara: "testament". — 30, 11, 13; 31, 8; 64, 4, 8; 94, 16; 105, 11, 12, 14; 11 
1; A9, 10; A10, 8, 9; A35, 15; A36, 3, 17. — Iran, ham + darz- (*darz- "lo fa 
ten, hold, tie") "precept, instruction, commandment". Cf. Aram, (papyr.) hnd, 
"notification", MMP; Parth. "ndrz "commandment" (cf. also the title (h)andar 
pat), Np andarz "precept, instruction, testament", Arm. (from Parth-) anda 
"testament", {h)anderjapat "(title)", cf. anandarz. 

2 handarz: "clothing /vestments, equipment /outfit". — 29, 14. — \mn.*ham + dar2 
*darz- "to fasten, to tie, to sew together". Cf. Arm. (from Parth.), hande 
"clothing, outfit", handerjem "I outfit /equip, prepare, arrange". 

3 handarz: "jointly, together with". — 37, 1. The context is unclear and the interpr 
tation hypothetical. For the given meaning and usage cf Arm. (from Parth 
handerj "together with" (a pre- and postposition used with the noun in the i: 
strumental case). Iran *ham + darz- "to fasten, to tie". 

handoxt: "accumulated"; handoxt I xves "personally accumulated /Acquired proper 
(as against inherited property; aparmand)": cf. Gk. to ciutokttitov, tci ettivctti' 
as against to. Tcaxpcpa, t& municpa. — 81, 12; 88, 15. — Cf hondozVs: 
handoxian. 

handoxtan, handoi-: "to accumulate, to amass". — 60, 15; 88, 9. 10. 11; A-2. 3. 6 - 
Cf NP toxtan "to collect, to acquire", Osscl. asni'uxyn: aznt'yxt "to draw i 
gether, to drag" (Abaev. HED, I, 167 — 16S). See also preceding entry. 

handozisn: (wealth) amassed, personally acquired (as against that which is inhe 
itcd)". — 103, 11, 12; A2, 4, 5 — Cf preceding entry. 

handraxtan, handranj-: "convict, sentence, condemn". — A27, 2. — Cf. Gran 
craxtan t eranjen J tan . 

hangara: "time, time-limit; circumstance". — 71, 16; 75, 3; 78, 10; 84, 9. 



3GG 



GLOSSARY 



hangartan: "to be put down to the account, to be included into the account; to be 
taken into consideration". — A15, 1. — Cf. hangartan. 

hangartan, hangir-: "reckon as /count for, consider, count, take into account". — 
61, 15, 16; 62, 1; 77, 6; A13, 4; All, 2; A28, 5. — Iran. *ham + kar, Av. 2 tor-; 
cf Av. hankdrsti-, NP angardan, Arm. (from Parth.) angarem "take into consid- 
eration, to count /reckon", Hubschmann, AG, I, 97 — 8); cf also Ann. hancar 
"reason, knowledge". 

hangoSItak: "collateral (as regards kinship). — 41, 6. — For the etymology 
(<*ham + kaus~) see, Nyberg, Hb., 11, 102; Benveniste. TPS (1945), 73—74. 

hanjaftan, hanjara-: "to resolve, exhaust, complete". — 87, 10. — MMP hnz'm-: 
hnz'ft, Parth. hnfm-: hnjfi, hnjpt "to complete, fulfill" (Henning, Verbum, 190 — 
191; Ghilain, 72—73). 

(h)anjfaman: "assembly gathering (of witnesses) at a trial; trial. — 78, 5. 

hark ut bar: "taxes and charges /dues". — 34, 2; 40, 5, 6, 7, 8 (bis), 10 (bis), 12, 
13, — For the MP harkl*hardk (>hardg> Arab, xaraj), sse Bartholomae, 
MiMund., I, 10—16; Henning, Mitteliranisch, 41; Benveniste, JA (1959), 125 — 
126; for the meaning see also MMP hrq bwrdn "to pay taxes", Arm. (from OP or 
Parth.) hark 1) "tribute, dues, taxes; 2) "service (particularly labour-service), ob- 
ligation/duty* 1 ; 3) "need, requirement, obligation". Iran. *bdra/i- "tribute, "tax" is 
attested as ba-a-ri in Babylonian documents dated 399 B.C.; see Dandamaev, 
Slavery, 317. 

havand: "equal; equivalent" (as regards a thing, a security). — 11, 1, 6, 7, 15; 26, 16, 
17; A37, 3. : 7 

(h)er: "thing, property, treasury"; (h)er T dutak "family property, estate", (h)er I 
aiaxS i ataxsdn "temple treasury (or 'temple estate')", her ISahikan "royal treas- 
ury, fisc". — 15, 11; 30, 7; 32, 13, 15, 16; 34, 1; 44, 6; 91, 4, 11; 95, 17; 96, 1; 
103, 7—10; 107, 4, 11; A27, 1, 3; A28, 2, 3.— According to Andreas [see 
Lentz, ZII, IV (1925), 292; Nyberg, Hb., II, 106], from *ehr < *ar8(i)ya-, cf. Av. 
x ar9da- "thing"; according to Bailey {TPS (I960), 84 — 85, but cf Prolexis, 415), 
from Iran. *arya- cf SkL arydh "thing, wealth", MMP xyr, x'yr "thing, material, 
matter", NP xir, Parth. '.yr (=er/tr), Arm. (from Parth.) Jr. "thing", see Ben- 
veniste, REArm., I (1964), 11—12. 

'hilisn: "divorce". — 87, 9. — See also hilisn ! hist-namak, hist, histan. 

"hiliSn: "discharge; release from debt". — 50, 4. Cf. histan. 

hilisn /hist-namak: "divorce document". — 87, 10. 

hist: "divorce". — 4, 9, 11, 17; 87, 9. 

histan, nil-: 1) "to free/release (from slavery, prison, debt, etc.), discharge from a 
debt, release from pledge (action performed by the creditor); dissolve a marriage, 
divorce; yield, leave; allow, permit; remove"; had grapih his" tan "to release from 
pledge (action performed by the creditor); hat kartak hiltan "to free from judi- 
cial procedure; remove from judicial inquest"; hac raSenftn hiitan "to remove, to 
free from the conduct of a case"; sarddrih pat gatdr be hiliin "the guardianship 



367 



GLOSSARY 



is transferred (= should beyicded) to the husband*', siurih pat ham mart be hili\n 
"the .\7iirshjp should be left to that man"; 2) to resolve a legal c;isc, to judge, sec 
7 histan. — l, 1, 5, 8— 13; 3, 9, 10, 12, 13, 15; 4, 1,6; 8, 15, 16; 9, 10; 13, 5; 21, 
6,9, 11, 14; 25, 9; 37, 13; 38, 9; 39, 9; 40, 2, 4; 85, 4; 43, 3; 49. 4, 5; 58, 12, 14; 
59, 8; 73, 2; 75, 6; 85, 13, 16; 87, 4, 7—10; 89, 6, 9; 90, 6; 95. 1,7, 8; 104, 3, 7, 
17; 105, 17; 109. 8; A3, 1; A7, 17; A13, 2—3; A14, 3; A15, 17; A31, 15; A32, 
11. — Iran. */i/z-"to release/let go", "loosen". Cf. l boxian, ],2 bo2isn, vicartan. 

2 histan, hil-: "to resolve a legal case, to judge". — 97, 7; A26, 14; A27, 2.— See 
^histan. 

huden: "a Zoroastrian". — 1, 11, 14. — Antonym ayden. 

hudenlh: "Zoroastrian religion, affiliation with Zoroastrianism". — 1, 10, 12. — Cf. 
aydenlh. 

huyoS: "fighting for a just cause". — 80, 4. — Iran. *hu +yauda-\ it is also possible 
to interpret this term as the Persian form of Iran. *hu +yauza~ "having striving 
for the good", Iran. *yauz- "to seek", cf Av. yaoxsli- (with an intrusive -x-), 
Arm. yuzem "to search, seek", yoyz "striving, urge, dream". 



K 



kahas; '"canal, channel''; with the verbs kandan, raSenltan. — 18, 12, 16; 85, 7, 8, 
10, 11, 16; 86, 2, 3, 8; 106, 14, 15. — The spelling is kts, MMP khs (Henning, 
List, 84, 91). 

kamak: "will, testamentary disposition"; kamak guftan "to express one's will 
(specifically, in transfers)"; kamak dos'itan "to express one's agree- 
ment/acceptance of the conveyor's disposition' 1 , cf. sahistan. — 28, 10; 54, 4; 
55, 5; 67, 16; 68, 14; A33, 17. — Cf kamistan. 

kamistan, kam-: '"to wish/ desire; declare one's will (in an official, legally-binding 
manner)". — 6, 14; 28, 10; 85, 6; 56, 1, 2, 4, 11; 59, 13; 66, 3; 68, 13: 101. 4: 
Al, 12; A7, 1,9. — See Bartholomae, ZsR El. Cf guftan, kartan, pgytak kartan^ 
paytakenitan. 

kamistih in pat kamistih: "minimum" (opposite of pat vesistih). — A32, 14. 

kandan. kan-: "to dig; incise, engrave (a seal): destroy; upset; revoke, abolish, make 
void, cancel". — 48. 17;' 85, 9, 11. 12, 14; 93. 7,' 9; 94, 4; 97, 14, 15; A3 3. 10: 
A37. 4. 

kanlzak: "girl, maiden' - . — 87, 12. 

'kar: "work, affair; working off (= discharge by labour); function, office": pat kar a 
apasparisn "(to be) handed over for working off'; kar raSenltan "to car3~v on, 
conduct a case /trial (= to participate in it as one of the litigating parties) 7 "; hoc 
kar guhartk kartan "to remove from office". Cf also the expressions pot kar 
apayct "it is indispensable"; kar nest "it is not necessary /needed". — 21. 8; 3D, 
6; All), 12; A12, 13—14; A25, 17: A26, 1. 16; A32, 4. 



308 



3i - 



GLOSSARY 

kar: "(to have) legal action, force, be legally binding, be valid"; pat kar ne darisn "to 
hold as invalid, to consider unlawful". — 23, 16; 31, 3; 55, 11, 16; 59, 3; 75, 4; 
95, 15; 105, 10; 107, 9; A40, 11. — kar nest "invalid, devoid of legal force". — 
4, 17; 6, 12; 16, 17; 28, 3; 43, 8; 54, 15; 63, 8; 87, 9; 90, 4; A12, 3. 

kar: "people, others". — A4, 13, 14. — Iran. *Jcara-, OP kara- "people-host". 

kardar: "court or yard in front of a house" (?). — 19, 1. — Salemann {Man. St., 145) 
compared this form (kldl) of the Law-Book with NP kardar "a hilly or rocky plot; 
a valley, a ravine, gorge". 

kardar: "an official, a functionary'. — A25, 15. — Cf. the Armenian caique gor- 
cakal "an official at the Arsacid court"; see, Perikhanian, VDI (1968/3), 42 — 45. 

kar-framan: "an official, a functionary an overseer, steward. Cf also muhr i pat kar- 
fram&n da&tan (see muhr), namak I kar-framdn (see namak). — 48, 8; 78. 2 — 3; 
A27, 7. This term is attested with the meanings given outside the Law-Book as 
well; from it is derived the Arab-Pers. qahraman by way of the Median form 
*karhraman taken over into Aramaic (qhrmn 1 ); see Hennrng, Mitteliranisch, 49, 
n. 2. 

kar-vindisn: "revenue, income, earning". — 24, 10; 33, 2 — 5; 62, 14 — 15; A2, 14, 
15. — Cf. vindisn. 

karp: "physical appearance"; karp apakanisnih "disfigurement (a variety of of- 
fence)". — A14, 16. — Av. kshsrpa-, MP kyrb "form", Arm. kerp "form, ap- 
pearance, figure, shape" (with numerous derivatives). 

karp: "declaration". — See 2 kartan. 

'kartak: "religious rites, ritual; foundation for religuous purposes". See divan 7 kar- 
tak{an), ruvan. 

2 kartak: "norms governing judicial practice"; in particular the norms and regulations 
introduced into judicial practice through official decrees (royal edicts, encyclical 
letters of the high priests and through accumulated secular usage, as against the 
norms reflected in the cdstaks (the commentaries on the legal nasks of the Av- 
esta) which were the traditional basis of the legislation. This term is formally 
opposed to the terms castak, 2 dastaparan (q. v.). Hac kartak hist an "to remove 
from judicial procedure; to release from the necessity of undergoing legal proc- 
ess"; 6 kartak kartan "to subject to judicial procedure; to resolve a suit through 
trial"; pat kartak "according to the norms of judicial practice"; pat kartak mat an 
"to appear at a trial". — 4, 10, 12; 8, 12; 23, 15; 24, 2—3; 30, 9; 31, 5, 7; 36, 5; 
42, 5; 52, 4; 55, 2, 8; 61, 17; 65, 17; 75, 10; 93, 1; 97, 17; 98, 3; 102, 12—13; 
All, 8; A12, 10; A13, 1, 2, 7—12, 14, 17; A15, 14; A16, 1, 4; A26, 7; A32, 4; 
A35, 14; A38, 4. — Iran. *krta-lkrti- "action, activity" (kar-); cf Pagliaro, 
RSO, XXIII (1948), 52— 68. 

3 kartak: "instituted". Designation given to a guardian or stur who received his title to 
the guardianship or srurship through an official declaration of the will of the late 
head of household (publicly stated or set down in a testament or other document) 
made during his lifetime. Antitheses: butak, gumartak (q. v.). — 21, 11, 13; 26, 



GLOSSARY 



9, 11; 41, 15; 43. 16; 46, 12; 82, 4; K7, 15; 90, 9, 12.— Iran. *krtaka-, from 
*A:or- "lo do, to make" or from *kar- "to declare, proclaim" (sec 'kartan). 

4 kartak: "piece" (as regards a plot of land). — 55, 7. — Iran. *kart- "lo cut". 

kartaklha in datastan kartaklha: "according to the norms customary in judicial 
procedure" (?). — 41,2. — The text is fragmentary and the interpretation hypo- 
thetical. 

'kartan, kun-: "to make, to do". — Passim, — Construed with prepositions and 
prepositional particles apdc kartan "to return; to return to the status quo ante, 
reinstate, rebuild (a channel, a house); to extract; to retain /hold back, exact, re- 
cover, take away, seize (as a forfeit)". — 33, 5; 65, 10, 11; 67, 5—6; 68, 5; 77, 7; 
86, 8; 99, 15, 17; 106, 16; A5, 15; A13, 12; A18, 6—7; A25, 9; A26, 12, 17; 
A27, 12; A30, 16; A33, 2; A37, 5; A38, 3, 4; A39, 11, 14. — be kartan "to take 
away, withdraw, remove, exact; pay in full; alienate, transfer ownership rights to 
another person"; tavan be kartan "to settle/pay a penalty, a fine"; darisn be 6 hd. 
kunikn "to transfer the possession to M." (or "to adjudge the possession to M.")', 
cf also (84, 13) v-s darisn be 6 man kart following after be 6 man dat as an in- 
dication of the official transfer of the real right. The context, the absence of the 
preposition hat which is indispensable for a series of cases, and the presence of 
the phonetic spelling BR* kwnsn, BR' krC (see e. g. 15, 15; 16, 1, 14) in identical 
contexts makes the variant reading be grlftan of the verbal helerogram unlikely. 
Cf. also DkM VIII, 7, 17. 18 — 19; Apar ne patixsayih 1 mart danakth i andor 
patkar ra5 pes hoc evarlh (i) oy I adanak xvastak be kart "Concerning the im- 
permissibility (= unlawfulness) of a man's taking awa}' of a (disputed) thing on 
the basis of his knowledge of the judicial process (= of the outcome of the 
trial — A. P) before the person who is not informed (of the decision of the court) 
has received an official ('authentic') notification (regarding the outcome of the 
case"). — 7T7; 8, 1; 1L 12; 14, 11, 16; 15, 11, 15; 16, 1, 14; 31, 1, 3; 32, 7, S. 
10; 84, 13; 97, 16; 98, 16; 102, 6, 9. — frac kartan "to suspend from, to take 
away"; a possible reading is frac grlftan IgiriSn — 82, 9. — oh kartan "to ap- 
point, to dispose (through an official declaration; cf. 2 kartan). — A39, 11; A40 . 
2 — 3 5 • 

"kartan, *kun-/kar-: "to declare, to proclaim officially, to enunciate; to designate, 
establish by means of a declaration". This verb is very widely attested in the 
Law-Book as a synonym of gu ft an, gofiisn gvftani kartan, pay taken] tan, paytaJc 
kartan (q. v.); axonsandlh kartan "to declare one's dissatisfaction /disagreement 
with the decision of a court" (3, 7); dataparan aparmat kart "the judges hav c 
Tendered /proclaimed (their) decision" (49. 16 — 17); mat ut kart est at an "to ap- 
pear (in court) and declare" (53, 17). — See e. g., 8, 3—10; 13, 14; 28. 13; 3U. 
4, 5; 31, 4. 6; 34, 12; 35. 17; 39, 17; 41, 16; 89, 17; 90, 2. — Iran. *kar- "lo 
speak solemnly, to proclaim" (cf. Skt. carkrti- "id" kirtih "mention, glory. 
praise", kariih 'poet 1 '; Gk, ktipu!;, KcLpu* "herald"), Av. 2 kar-, 2 karata- "solemn 
commemoration /mention, proclamation", ^karati- "solemn proclamation, notifi- 
cation, news", a-karati- "news"; likewise in the compounds yasno.ksrati- lit. ""tLic 
solemn mention /utterance of the word varna-' 1 (the name of the prayer bej^in- 



370 



GLOSSARY 



ning with the words yeijhe hdtam), xsadro. karzta- "the solemn (three-fold) 
proclamation of the stanza beginning with the word xsadramta in the Yada ahu 
vairyo prayer". (Air \Vb., 3 10, 448. 466, 547, 1273). Arm. (from Parth.) car 
"solemn speech, discourse, sermon, praise". Cf z kartak. 

kartar; "skilful, masterly, experienced, competent". — 26, 16. — Cf. Arm. (from 
Parth.) tartar "skilful, clever, masterly, experienced", see Benveniste, Et. oss., 9. 

kasisn: "stretching (of a wound)"? — A14, 17. 

katak: "house (as an economic complex); lodging /housing (in particular for the sa- 
cred Fire); katak ut man "icf\ — 19; 1, 7: 110, 8, 10. 

katak-baniik: "mistress of the house". — 13, 5—9; 14, 7; 15. 11, 12; 16. 5— S, 10, 
14, 16; 26, 3; 43, 13; 51, 7, 9, 11, 13, 14, 16; 52, 3, 9, 12—16; 62, S r 16; 63, 1, 
4; 67, 12; 75, 12—14; 81, 17; 82, 1—3; 87, 13; 88, 7, 8, 10—15; 90, 2, 3, 9— 
11, 13, 16, 17; 94, 13, 14; 107, 3, 8; A13, 5, 6; A15, 8, 12; A31, 6—8. — Cf 
bahr Izamhlkatak-banukih, katak-xvatdy, 

katak-xvatay: "head of household, paterfamilias". — 13, 4, 10, 11; 20, 7; 26, 5, 9; 
28, 1; 29, 8; 31, 16; 39, 17; 41, 1; 42, 14; 44, 15; 45, 7, 12, 17; 46, 1; 51, 2; 59, 
15; 61, 3; 64, 2; 82, 2, 4; 88, 7, 8, 14; 94, 14; 95, 1, 3— *; 110, 2; A20, 9. — On 
this term see Bartholomae, MiMund., m, esp. pp. 33 — 40. < 

kern ne ... raset: "no less; none the less; likewise". — 4, 4; 22, 9; 35, 16; 44, 10,' 11; 
87, 5 — 6. — kem < *kambyah. 

kirpak: "virtue" (religious). —35, 12. 

koSpan (?): "head of a quarter/neighbourhood, highway"? — A29, 6. — Cf. D.kM, 
Vm, 733, 10. Apar am tan J mazdesn(ari) * koSpan (ut) xveskarth I * koSpan. Ac- 
cording to West [SBE, XXXVH (1892), 92] this term has the sense of "street 
keeper", and its first component is to be identified with NP fcuy, hi "quarter, 
highway, street". 

kurt: "Kurd".— 9,8, 11. 

kust: "side, line of calling"; hac htst t nabanazdistih 1 xvesavandan "on the agnatic 
side; via agnatic calling"; hac kust 1 butakih "via 'natural' caling". Synonym pat 
rah 'i •(<?. v.) — 47, 13, 14; 69, 7^9; 71, 5— 7 ' 

kustak. "border, province". — A31, 4. 



M 

magupat: "magupat, priest". — 93, 4, 5, 7, 8, 10; 95, 16; 98, 2, 13; 99, 7; 100, 4, 5, 
9, 10, 12—14; 110, 14; A12, 12, 13; A14, 11; A18, 16, 17; A26, 12, 13, 15, 16; 
A37, 4, 9; A40, 9. — Iran. *magupat-\ Arm. loanword, mogpet, movpet; see 
Huschrnanri^G, I, 195. 

muj^upatan magupat: "chief magupat, high priest". — 55, 12; A10, 13; A27, 4, 5; 
A28, 6—7; A34, 7, 8, 11; A36, 4; A38, 7; A39, 16. 



371 



GLOSSARY 



magupatih: "duty, office oflhc niagupat, inni:upats\\\p" , — 93, 7; 97, 5; 98. 2. 

man: "house, lodging" — 11 (J, 8 — 10. — Cf kalak, xanak. 

manak (?): "judicial office, department" (?) — 78, 3; 110, 14, 15. — The reading and 
interpretation arc hypothetical. 

manakan/manekan: "the spirits of the hearth, manes". — 80, 9. 

mandan, man-: (transit.) "to leave; to leave as an inheritance, bequeath"; (intrans.) 
"to remain". — 4, 14; 20, 7; 25, 10; 102, 9. — apar mandan, apar 6 mandan "to 
inherit (a thing, a status); to become the succesor"; cf. aparmand, apar 
\atan. — 21, 8, 11—12, 16; 22, 6, 7. 10—12; 23, 4—6, 9, 14, 16, 17; 24, 4. 6. 
7; 41, 14; 42, 12, 15; 44, 10 ,14; 81, 17; 87, 3, 15; 90 ,1; 95, 11; 97, 8, 10; A40, 
14. — apar mandan "to retain, hold back". — 106, 15. —frac mandan "to go to, 
fall to the lot of; apar frac mandan "to obtain /receive by transmission, in- 
herit". — 27, 2—3; 88, 13. 

manisn: "dwelling"; pat manisn "for habitation". — 19, 2. 

mar: "count, account; calculation, computation; registration"; mariha "according to 
calculation"; arf mariha "corresponding to the value"; bahr marlmariha 
"according to shares, allotted"; 6 mar kartan "to take into account; enter into the 
register of accounts, to register". — 55, 8: 60, 2; 63, 5; 65, 11; 85, 3; 104, 3, 4. 
17; A33, 17. 

markarzan: "the accused /guilty on a capital charge; a capital offence". — 14, 17; 
24, 5; 29, 2; 31, 2; 82, 14; 92, 4—6; 97, 8, 9, 13, 15, 17; 98, 13, 15, 17; A16, 2, 
3; A28, 13, 15, 17; A29, 1, 3—5, 12; A34, 6, 14—16; A35, 9. — Lit. "deserving 
the death penalty". 

marnjenisn: "destruction, material damage". — A38. 14. 

mart! sahr: "citizen, fellow-citizen". — 14, 7: 51, 7—8; 60, 3, 6, 7; 61, 9, 11; 62, 4: 
70, 3. 17. — Cf. sahrlk. zan I sahr. 

masruk 4 '; "beard". ■ — A14. 16. — Iran. *masru-ka, cf Skt. s'masru- < *smasru-, 3-E. 
*smokru- "beard". 



'matak: 1) "value,' stock, money": 2) ''principal (sum), principal debt (as against the 
interest)". — 61. 2; 67. 14, 15; 68, 1, 17: 71, 13, 14, 17; 86 : 13; 89, 11: 104. 2. 
5; A15, 1—3. — Cf. 2 matak. 

"matak: "principal person, principal litigant as distinguished from his legal represen- 
tative, the giver of the mandate (mandator) as against the agent /mandatary". — 
7, 3. 17; S. 1, 11. — Cf ] malak, maiak\-ar. bun. l dasiafiar. 

matakdan: "book". — 79, 5, 6. — Arm. matean < Mir matiyan <malakdan. Hen- 
ning. BSOAS, XVI/3 (1952), 511 n. 3. 

'matakvar: "the principal person, the principal contractor (as distinguished from his 
warrantor), the principal litigant (as opposed lo a legal representative)*'. — 57. 
2, 6, 9; 75,! 15; 76, 1, 9; 77, 14, 16(7); A32, 5. — See Bartholomae, ZsR IV, 23. 
Cf. ~matak\'ar, matak, bun, dasiajiar. 



372 



GLOSSARY 



miit;ikvar: "original copy of a document, original"; as opposed to hampatten 
"copy". — 77, 14. 16;A33, 16. 

matlk: "text (?). — 79, 9. 

merak: "husband"; often found paired with 2 ziyanak (q. v.) — 3, 14; 45, 7; 50, 8— 
10; 52, 11; 55, 6; 63, 12, 16, 17; 68, 15, 17; 82, 15; 83, 2; 93, 14, 15; 94, 12; 
100, 13, 14; A5, 14; A14. 7—9; A29, 10, 15; A30, 1; A31, 4; A35, 2, 4. — Iran. 
*maryaka-. See Bartholomae, ZsR IV, 6 ; 50—52; Benveniste, TPS (1945), 44; 
Bailey, Roc. Or. (1957), 66; Gershevitch, Mithra, 152—153. 

raih (estiitan): "object, oppose". — 54, 8; 58. 2; 65, S; 76, 8; 86, 9, 16; 100. 2. — 
Iran. *miSa- (= Skt. mithdh "opposed", cf mithu "wrongly falsely", methati "to 
be hostile"), Av. mi8o (= Skt mithu), miBah- {Air Wb., 1182), OP midah- "evil". 

mihrdrullh: '""breach of contract" (offence). — A34, 12.— Av. mi&rv.drujim 
"breaker of contract"; cf Parth druxtmihr (Henning, List, 82), Ann. (from 
Parth.) uxtadruz "oath-breaker". 

miyan: "middle"'; apaf o miyan afiurtan "to present again, anew (as regards testi- 
mony at a trial)"; apdc 6 miyan matan "to present (oneself) again (in court)"; 
hac miyan be afiurtan "to destroy, to withdraw from circulation (as regards the 
destruction of a thing)"; pat miyan "at the expense of", "with the means of*\*pat 
miyan butan "to be in use"; pat miyan kartan "provide for, maintain". — 31, 
10— U; 32, 13, 14; 55, 3; 78, 9; 99, 5; A13, 10. 

mi2d: "pay". — 8, 12; 34, 3; 85, 10; A27, YT. — Cf. rodik. 

moran (h)andarzpat: "handarzpat of the Magi" (title). 57, 12; 59, 10; 98, 3; A15, 
14 — 15; A37, 11 — 12; A40, 6. — Arm, movan anderjapet, movan handerjapet, 
mogac 1 anderjapet, Syr. muy{dn) andarxbaSQiubschmain^AG, I, 99, 195). 

imry: "date-palm". — 102, 14; 103, 13; A2, 5. 

rauhr: "seal"; muhr I evarlvicurt "valid, authentic seal"; muhr I pat kdr-framdn 
dastan "official seal"; muhr apar nihatan "to affix a seal, to seal"; muhr pati- 
griftan "to acknowledge the authenticity of the seal on a document (= to admit 
the document as legally valid)". —32, 4; 73, 12; 76, 2; 93, 5, 7, 8, 12, 13; 99, 1, 
3, 4, 6; 100, 6, 10, 13—15; 103, 4; 106, 11; A12, 14 — 16; A18, 15, 17; A19, 1, 
5, 6, 8; A26, 5; A30, 4; A34, 7; A36, 10; A38, 7; A39, 4. — Iran (O Med.?) 
*mudra- (>Skt. mndra-) "seal"; see Junker, IF, 35 (1915), 273; Mayrhofer, 
Etym. Wb. II, 653 — 654 (with bibliography). Cf muhrak, muhr-brit, muhr-dat, 
muhr-vext. 

muhrak/muhr: see A29, 7 — 9 and note 82. 

muhr-brit: "(document) with a cut seal (= an opened, unsealed document)". — 102, 
16; 103, 3. — Cf muhr-vext, vital. 

muhr-dat: "(document) concerning a functionary's return of his seal of office upon 
his removal from office". — A12, 14, 16. 

muhr-vcit: "(document) whose seal has been removed (= an opened, unsealed docu- 
ment)". — 102, 15; 103, l. — Cf muhr-brit, vitat. 



373 



gloss Any 



must: "complainl"; garzitan J must "appeal" (cf also Mu.sinfinr-tianwk "The Hook of 
Appeals", AS, 11 J. — A2G, 4. — Iran. *musti-, from the root * mud- "to com- 
plain, to beg for alms"; cf MP (inscrip.) mwsly "an acl violence and injustice", 
(Pahl) mustkar "offender; offended' 1 , muSak, HP muye "complaint", Sogd. mv-6 
"begging", Arm. (from Parth.) moyr "begging, alms"; muram "to beg for alms"; 
sec Nyberg, Hb. II, 152; Henning, Asia Major, IV/1 (1954), 101 — 102; but cf 
Beiwenistc, REArm., I (1964), 5. 



N 

nabanazdist, -Ih: "agnate", — 22, 11; 28, 1; 45, 10, 12, 13, 16; 81, 10, 15; 87, 12. — 
Av. nabanazdisia-, A\rWb. t 1040; Perikhanian, VDI (1968/3), 28 — 52, 
Obscestvo, 50 — 79. Cf patvand, toxmak, xves, xvesavand. 

nahang: "province 11 . — 78, 3, 13. — The historical spelling is nsng. Cf Arm. na- 
hang "province". 

nakira(k): "to contest, deny, reject" (in construction with ah-lbav-). — 6, 4, 12; 8, 2, 
8; 13, 14; 16, 15, 17; 77, 10; 83, 10, 11; 84, 1; 95, 8; 102, 2, 7; 107, 7. — On 
this term representing an Accadism in Aramaic and Iranian, see my Malerialy, 
115 — 122. Antonym: xvastuk. See next entry. 

naklra(k)lh: — "denial; contesting in court" (said of the respondent). — 3, 6; 16, 17; 
77, 10; 99, 4; 102, 2, 13. 

nam kaxtan: "to mention, to indicate in an agreement, in a declaration; to stipu- 
late". —71, 11, 13, 14, 17. 

namak: "letter, document"; namak kartan I pas{s)axtan "to draw up a document"; 
namak pas{s)ac "the drawing up of documents"; z\>eskarih namak i kar-framan 
"Letter concerning the obligations of magistrates I officials" . — 78, 12; 93. 12. 
14, 17; 99, 1, 3; 100, 9; 110, 13; A3, 8, 9, 11, 12; A15, 17— A16, 1, 4; A18 ? 16, 
17; A19, 1, 1, 8: A26, 6; A27 ; 17; A28, 1; A31, 9, 10; A34, 3; A37, 15; A38, 
16 — 17. — Cf ovist, dip, dipirih, cak, fravartak, hampacen, GT'k,'hilisn/ ' hist- 
namak, matakdan, ~matak\>ar. patixsay-kart, pursisn-namak, sax\>an-namak. 
uzdat-namak, vicir, yazisn-namak. 

namak-ni5an: "archive 1 '. — 78, 12 — 13. — Namak + niSan <*nidana- (Ski. nidha- 
na- "repository, treasury"). MMP ny'n "treasury, treasure". For the formation cf 
OP ganza-nidana- (in the Elamite transcription): see Benveniste. JA (1 954). 307, 

namak-pas(s)a£: "ordeal -letter". Document containing the court decision appointing 
an ordeal procedure, and specifying its form, for the litigant; see also var. — 78. 
10, 16. 

nam-burzisn: "elevation of the name" = continuity and prosperity of one's 
clan /family. — 80, 10. 

narafcist. namcistlk: "definite, precisely indicated". — 18, 3; 34, 6, 8; 36, 6; 3S. 14; 
39, 12; 45, 7; 47, 6; 73, 3; 77, 13* 78, 10; 89, 12; 92, 7, 9; 94, 5; 95, 6. — Iran. 



374 



GLOSSARY 



*naman- "name" + *£ista-, cf. Av. 2 kaes-, £is- "to determine, fix (by a religious 
or a magic force); confer, indicate, recognize, avow". For this radical see 
J.Narten, ~.Wb/i. Nyberg" II (1975), 81—92. Cf. Arm. SiSt "exact, correct, 
true" et al. 

narih ut mataldh: lit. "being a male or a female"; the indication (in a judicial docu- 
ment) of the sex of the participants in a trial and of the witnesses. — A26, 2; 
A30, 1—2. 

nasa(k)-nikan: "one who has corpses buried" (a variety of offence)". — A15, 11. — 
Av. *nasu. nikana-, cf. Av. zame.nikan-; see Benveniste. .4 Locust's Leg, 39 — 43. 

nasa(k)-pak: "one who cremates corpses"; a person guilty of the offence of cremating 
corpses. — A15, 11. — Av. nasu.paka-, Air Wb., 1059. Cf nasa(k)-nikan. 

naylhltan, *naylh-: "to transfer". — 110,10. 

nerok: "physical force". — 8, 12. 

ni5an; see namak-niSan. 

nihatak: "endowment, foundation (dedicatory)". — 29, 10; 34, 1, 7, 8. — See Bar- 
tholomae, SiiMund., II, 8 — 12. Cf. Skt. uksayanidhi-, the designation of the ni- 
bandha- "rent" given to a temple as an utsarga-fawidation, the Indian counter- 
part of Iranian foundations "for the soul" . '•' 

nihatan, nih-: "to put, to place"; pat graft nihatan "to pawn, pledge, mortgage"; apar 
nihatan: "allot, institute a foundation (for specific purpose)"; muhr apar nihatan 
"to affix a seal"; saklnisak apar nihatan: "assess /impose a tax"; (grafiakan^an- 
dar nihatan "to hypothecate, pledge (regarding re-pledging)". — 29; 10; 34, 1, 
7, 8; 35, 10, 16; 37, 12; 100, 13; 104, 5; A27, 12. 

nikerisn: "judicial investigation/ inquest". — 78, 6, 7. — Cf nikerltan. 

nikeritan/niker-: "investigate, to look into, examine, consider". — 7, 2; 9, 11; 15, 1; 
20, 1, 4; 25, 11; 28, 9; 35, 9; 64, 2; 67, 13; 68, 12; 69, 6; 70, 16; 72, 13; 87, 10; 
95, 4; 104, 8; A2, 5; A40, 6. — Iran. *m- karya-, *kar- "to think"; NP nigari- 
dan; cf uskdrtan. 

nimutan, nimay-: "to show, testify, give evidence (at a trial)". — A15, 1; A40, 4. 

nipek: "document". — 110, 13. — From OP dipi-, see Henning, BSOS, X/4 (1942), 
949 n. 4; cf Bartholomae, MiMund. IV, 30, n. 2. See also s. v. asafiar-nipek. 

nipist: "receipt, voucher". — 7, 10. 

nipistak: "document". —92, 4, 6; 97, 6, 7; 98, 2; A15, 12. 

nipistan/nipes-: "to write". — Passim. 

nlrmat: "advantage, profit; recompense", nirmattar "more profitable, more advanta- 
geous". — 19, 16; 29, 9, 11; 37, 4; 41, 9; 45, 8; 59, 14; 66, 13, 14; 67, 11; 73, 4, 
6; A13, 17. — Iran. *ri+r+mati-, *ar- "to acquire, attain, reach, etc.", see 
Bartholomae, ZsR V, 44; Bailey, BSOS, IX (1937—1939), 230. 

niruzd, ninizdlh: "deprived, destitute, poor; destitution, poverty". — 101,6. — Av. 
niuruzda- [Air Wb., 1085), Skt. nimddha-. 



375 



GUJSSAKY 

ni.sak/sak: "lux": msaklsnk apur nihainn "in assess /impose ;i tax. lo tax". — A26. 
13. 17. — Sec Pagliiiro, liSO, XV (]<J35), 305. This may be a disioricd writing 
■'of the word sak (q. v.). 

'nrtan: "sign, mark". — A26, 9, 10. — NP nisan: "sign"; cf. also Arm. (from Parth.) 
ni&, nSan "sign", Syr. nisa (Hubschmann, AG, I. 204). For the etymology sec 
Gcrshevitch, Iran and Islam, V. Minorsky vol. (1971), 212—219 = PhiIo!ogia 
Iranica (1985), 242—249. 

2 niian: see var I pa5 niSan. 

nisastan, niSan- (ataii. atur(r)6k n.): "to institute, establish, scl-up (a Fire-altar or 
temple)"; apac nisaslan "lo rebuild, rc-install. scl-up again". — 26. 14 — 15; 27, 
1,7,9—11, 16; 29, 7; 31, 10; 45, 15; 46, 3, 4; 78. 14; 94, 4, 6; 110, 7; A36, 7, 9; 
A37, 4,7, 10,12, 14;A39, 1,2,6,8. 

nltan, nay-; "to conduct (a family's affairs); to abduct (a girl)"; stunh nltan = siurlh 
kartan. — 36. 5; 46, 17; 96, 10. 

niyapct: ''suits, is proper for, is fining". 2, 3; 11, 12; 85, 3; 86, 7, 17. — The spelling 
is nyd'pyt 1 : cf. MMP, Parth., ny'bg "suitable, fitting", ny ny'bg "non deceF, 
Henning, A List, S6. Iran. *ni + ap-, root *ap~ "to reach, to attain"; Av. ap- "to 
attain, to gain possession of; to be fitting, proper, suitable" {cf. Skt. apnoti "lo 
attain", apiah "'fitting, suitable''; Lat. aptus). 

*nizutan; see vizulan. 

niza5/*viza5; "claim(?); appeal(7); in the construction pat niza5/*viza5 hisian. — 
A26, 14; A27, 2.— Iran. *ni+jad- "to ask, to request", cf. MMP n.vr'v 
''request'", ne'v- "to implore" (Henning, Verbum, 188). The reading and inter- 
pretation given are hypothetical. 



o 

6 bavct (butan. bav-): "goes to, comes to, is allotted to, falls to the lot of. — E. g. 4. 

5, 10; 27, 2, 4. — Cf. Ax. m-i ben-aiti (R S, 14; Air Wb., 931—931); Bartholo- 
mae. MiMund. II, 6; Nyberg. Mb. II. 4L 

Ohrmizd (xvatay): "Ohrmizd (die god)". — 35, 1 7; 79. 2. 

Ohrmizd: '•Ohrmizd (the day of the month)"'. — 35. 13. 17; 57. 14, 16; 72. 3, 5; A1S. 
13: A19. 14; A28. 13—15. 

okariin: "removal, alicnaiion, banishment". — A35. 6. — The given meaning of the 
verb okanan is established beyond doubt bv its use in other Pahlavi texts: in the 
Sanskrit translation of the SGI 7 , okarend (Paz. hugarand, SGV\ 11, 13S) is ren- 
dered by Skt. apaharanti. (See Bailey. IP. 202. n. 3). 

tist: "firmly established; undoubted, unquestionable". — A38, 13. - Iran. *m : a+ sin-. 

6sta[iar: 1) '*an empowered, entitled, trustworthy person"; 2) "a commcniator of the 
Avcsta'. This is a synonym of } ''dastapar (q. v.); in its second meaning usiafiar 



370 



GLOSSARY 



is formally opposed to 2 kartak. — 75, 14; 87, 14; A15, 14; A35, 13. — MMP 
"wystw'r "an entitled/ empowered representative of a family (=of an agnatic 
group)". Iran. *ava-sta-bara-l*abi-hista-bara-\ see Henning, Verbum, 194 — 
195, 224 — 225; Nyberg, Hb., IL 186. Cf. ost, ostaparth, ostapartar. 

ostaparih: "empowerment, title, etc.". Synonym of dastaparih (q, v.). — 26, 14. 

ostapartar: "trustworthier, more rightful". — 110, 9. 

ostan: "royal domain".— A39, 10, 14, 15; A40, 2, 5.— Cf. MMP 'wyst'm 
"province"', Arm. ostan "royal domain", ostanik "class of conditional holders of 
large landed complexes within the royal domain possession of which had become 
hereditary". Cf infra ostandar, ostandarih, 

ostiudar: "ostandar". Official heading the department administering the royal do- 
main. — A27, 12, 16. — NP istandar, cf Aram. (Bab. Talm.) 'ystndr'. Cf 
ostan, ostandanh. 

ostandanh; see divan J ostandarih. 

ostat: "mentor, teacher, master". Here a form of address to a spiritual personage. — 
57, 5, 11. —MMP 'wyst'd, NP ustad, ostad "master". Cf ostafiar. 

ostlkanlh: "ostikdnstc" (office, function). — 100, 8. — Arm. ostikan, Hubschmann, 
AG, I, 215. 

oSmurtan, osmaix "to count". — 65, 9. 

'ozatan, ozan-: "to loll". — 92, 3; 97, 4, 5. • j 

2 ozatan, ozam-: "to condemn".— A13, 11.— The ms. has YK(= 0)TLWN-t^ the 
usual heterogram for x 6zatan "to strike, to kill" of which the meaning contradicts 
the context It seems therefore preferable to see here its homonym ozatan, 
*ozam- representing Iran. *ava + zam-: zata-\ cf Sogd. 'wi'm-, 'wzty "to con- 
demn, to sentence" on which see Henning, BBB 65, n. 1; Gershevitch, GMS, 
§ 584. Cf also A13, 13 — 15 where the antonym histan "to acquit" is used in a 
similar but opposite context. The present entry corrects my previous attempt 
(Sudeb., s. v.) to connect 2 ozatan with Iran. *zay- "to leave behind, abandon etc." 

ozit/uzlt: "left behind, abandoned, escheated" (?) — A28, 1. — The spelling is 
'wcyr'. Possibly from Iran. *ava/us + ztia-, root *za(y)-, Av. zdy- (Air Wb., 
1688), cf Skt. jahati, ujjhati (Mayrhofer, Etym. Wb., I, 100, 426) "to leave be- 
hind, to abandon". The translation and interpretation of this word are hypotheti- 
cal. See also the next entry. 

ozitak/uzitak: "abandoned, escheated" (?). Of a possession {darisn J 
ozitak/uzitak). — A26, 11. — Cf the preceding entry. 



pa5; see, var i pdSnisan. 

panjahak "fifty years, Fifty-year period" — A38, 8, 10, 12. 



377 



GLOSSARY 



pardaxtan, partial: "to remain over". — 34, 3, 7, K. — Parth. (K.Z) prlsvWd 
(Hcnning, Mitlcliranisch, 66). The alternative reading is par (r)cxtnn {q. v.). 

^arcivan/frefcvan: "obligatory, due". — 92, 2, 5. — Iran. *parilfra + raija- (root 
*raig, cf Lai. obJigarc)+pana~, sec Bartholomac ZAirWb., 52, note; MacKcn- 
zie, Henning Mem. Vol., 268. 

2 parezvan: "court magistrate directing an inquest". — A27, 9, 10; A30, 3, 5. — 
Compound izomj>areilfrcz "obligation, duty, function" +pan\ see the preceding 
entry. 

*pargar: "sentence, conviction"; pargar-namak "document containing the judicial 
decision, sentence"; pargar britan "to draw up a document containing the court 
decision" (see britan). — 78, 4, 7; 92, 2; A26, 14; A27, 2 — The spelling is 
plg\<kiyi. The meaning given is deduced from the contexts. The reading 
*fragar (<*fra+kdra-, cf. Skt. pro + kar- "to appoint, to institute") is likewise 
possible. 

paristarih: "status of hierodule, sacred-slavery 51 (of a woman). — A40, 4. 

parmatan, parmay-: "to determine; to measure". — A15, 12, 14. — Iran. 
*pari + ma-\ cf Arm. parmavem "to determine, measure", Hiibschmann, AG, 1, 
228. 

par(r)extan, par(r)ec-: "to remain aver". — 34, 3, 7, S; 60, 15. — Iran. 
*poh/pa + raik'\ Bartholomae, MiMund., II, 11, 38 — *0; Benveniste, Et. oss., 
99, 101—102. Cf pardaxtan. 

parvartan, parvar-: "to maintain, foster", parvarisn "maintenance, fostering care" 
(synonym xvarisn u! darisn, q. v.). — 31, 5; 33, 4, 5; 36, 9. 

parvartar: "foster-father, nurse". — 33, 4; A4, 10, 11. 

pas: "guard, watch post". — A26, 4. 8. — Iran. *pa6ra- T OP *passa~, NP pas: cf. 
Arm. (from Parth.) parh, pah "guard, et a!", Hiibschmann. AG, 1, 21 7. 

pascmar/pasemal: "respondent, defendant; pasemar sutan "to appear in court as re- 
spondent". — 2, 9, 10; 3, 4, 7; 5. 4, 9, 10, 15; 73, 11—16: 74, 1, 2, 4~~~6, 9 — 11: 
75, 5.. 7, 9; 76, 2, 14, 15: 77, 9, 11, 12, 16 ? 17: 83 f 3. 9, 11, 14, 1,5; 84. 6—9. 
11— i3;90 r 4 ! 5,7;93, 9, 11; 95, 11; 99,4, 6; 100, 14; 101, 17; 102, 2— S; 107. 
10—13; A13. 16; A16, 5; A27, 11; A30. 17; A31, 1, 2;' A32,"7, 10. — See 
hamemar. Cf. pescmar. 

pasemarth: "participation in a case as respondent, the responding part)' at a tri al. the 
defence". — 44. 6; 73, 17. — See the preceding entry. 

pas(s)andarlh: designation of a variety of real rights. — S3. 4. — This word innv be 
composed from MP pas{s)and (< *pati + sanda-) + dar{lh). 

pas(s)anditan, pas(s)sand-: "to be pleased with, to approve". One of the terms: desig- 
nating the second stage in the transfer of a real right: the acceptance of tl^c dec- 
laration of conveyor's intention and the choice of the object. — 66, 3. — Cf. an- 
dar apnyistan, dosiian, kamak dosltan, patigriftan . sahistan, sahisn guftcihi. 

pas(s)axtan. pa«;(.s)ac-: "to accomplish, perform, to make; to arrange the ordeal 
ccremonv" — 33, 13; 100, 9. 



GLOSSARY 



pas(s)axv: "the responding declaration, the defence (in court)' 1 ; passaxv giiftan: "to 
appear as respondent" 1 (cf saxvan). — 7, 10; A26, 4. — Cf. Arm. patasxani in 
the sense of "defence; dutoXoYia". 

pa5(a)da^akan/pas(a)datakan: "dowry, paraphernalia". Attested linked with 
vaspuhrakan (q, v.) in composite pas{a)ddtakdn ut vaspuhrakan I zan. — 4, 11; 
43, 2; 101, 14; 106 ? 8; A2, 8, 10. — The word occurs also — likewise linked 
with vaspuhrakan — in Pahl. Vd. XIV, 15 where both terms serve to render Av. 
namani- "share, part" (Iran. *nam-, I-E. *nem- "to divide"; cf. Gk. veuta "id", 
medially "to obtain/enjoy as one's share"). The Pahlavi word (attested with vari- 
ous spellings: pySyk'n/ps'k'n/ps'yg'n/pyS'k'n, all of them, corruptions of Late 
MP *pasayegan I pasayfan I paseyan < OP *pasadatakana-) continues Iran. *pas- 
ca-dat{d)-, lit. "after-gift", OP *pasa-da£(a)- enlarged with adjectival -akdna-. 
Both Arm. (from Parth.) pastatakan < *pasdatakan "dowry, wedding gift" 
(Bible, Xorenac'i) and Aram, pssdt "paraphernalia" (Papyri Kraeling 10, 9; 12, 
10) corroborate this etymology. See Penkhanian, REArm,, XX (1986 — 1987), 
47 — 53. See also s. v. vaspuhrakan, bahr i duxtlh. 

past: "agreement, contract"; past kartanldatan "to make an agreement". — 6, 13; 
17, 3, 4; 21, 2; 42, 11; 53, 11; 71, 8, 10; 93, 12; A7, 6; A10, 17: All, 4, 5, 8; 
A18, 11; A40, 16. — Iran. *pasti-, root *pas-, cf Lat. pactio. See Bartholomae. 
MiMund, II, 3—15; ZsR I, 7—22; IE, 5 — 6. Cf. pastak, patman, viclr. 

pastak: "agreement; wager"; pastak butan: "to make a legal wager". — 10, 14. 

patan, pay-: "to wait, await; to delay, defer, put off". — 71, 10, 12; A25, 17. ;i 

patifras: "punishment". — A34, 9; A35, 6. — Iran. *patifrasa-\ cf OP a-p(a)rsam 
"to punish", ih)u-jrdsta- "well punished", MP pdypr'h, NP *padafrah, Arm. 
(from Parth.) patuhas <*paturhas "punishment" [see Benveniste, TPS (1945), 
74]. For Iran. *fras- "to punish" < "to strike", Skt. plaksnati, see Burrow, 
■'Pratidhanam", 247. 

patigriftan, patiglr-: "to receive, to accept". In particular, "to accept (a thing)", 
patigirisn "acceptance", as the designation of the second stage in the transfer of 
real rights (see the synonyms s. v. pas(s)anditan); pat duxtih ifrazandih I pusih 
patigriftan "to adopt"; pat patixsay zanih patigrif an "to take a woman into 
pdtixsdylh marriage; to transfer a cakar-vrife to the status of a patixsay wife"; 
yd takgop patigriftan "the admission (of someone) by the court to participate in a 
trial as legal representative upon the certification of his mandate"; muhr pati- 
griftan, see, muhr, var patigriftan "to receive the taking of an oath; to admit 
someone to the ordeal". — 16, 10, 11; 17. 8, 12, 15; 19, 17; 20, 4; 28, 13; 39, 9; 
75, 8, 10; 77, 14; 102, 1; 106, 2, 3; A3, 4, 5; A8, 10; A23, 10; A40, 10—13. 

patigriftak: "adopted". See below. 

duxt T patigriftak: "adopted daughter". — 69, 12. — Cf. duxtakanih. 

frazand/pus I patigriftak: "adopted son". — 16, 3; 26, 11, 12; 28, 8; 29, 7—9; 42, 
1—3, 10, 11; 69, 10, 12—14; 70, 12, 14, 16; 71, 3, 4; 110, 15. ~Cf pusakanih. 

pit I patigriftak: "adopter, adoptive father" (as against pit I fakar, pit I pa- 
tixsaytha). — 69, 14 — 16; 70, 3; 71, 4, 5. 



379 



GLOSSARY 



piUimur: "disposition: judicial decision, sentence". — A15, 7; A26, ](>; A2K, 4. — 
Iran. *patya + mara-fpati + a+ mara-\ cf. Khot.-Saka paiamara "report" (Bailey, 
Prolexis, 156—157). Hclerogram PK(=Q)D\W; sec s, v. dastafiar. 

patiran: "counteraction, abbrogation, revocation; retention, restraint; delay"; 
{bar I 'xvastak) patiran kortan "to retain, keep back, exact"; patimar patiran "the 
revoking /delay of a court decision"; patlran saxtan 1 dastaslan "to ob- 
struct/delay a trial", cf. also raSem'Sn J sax\>an patlran; patlran 1 var 
"delay /revoking of the ordeal procedure". — 77, 17—78; 1; A8, 9, 11; A26, 7, 
16; A27, 8. — iTan. *pati + arana-, * [ ar- "to move", cf. Av. paityarana- "contra- 
rius", et al. It is unlikely that it is formed on the root *pd(y)- "to keep, to take 
care of as suggested by Bartholomae (see ZsR II, 31 — 34). Cf. next entry. 

patlranenltan, patlranen-. "to retain, restrain, impede; to refrain from". — 46, 13 — 
14; A9, 2; A14, 12, 13; A20, 5. — Denominative verb from patlran (q. v.). 

patit: pat patlt butan "to expiate one's guilt, to bear the punishment". — 98, 17. — 
PiS\paitiia- f pailitay-,AirW / b.'&29. 

patixsay: "competently, lawful, authorized"; patixsay ah- "to be competent, to be en- 
titled" . — Iran. *pati + xsay-. 

patixsaylh: "competence, right, (legal) title". Synonym of dastaflarlh. — 3, 11; 76. 
12. — Cf. dastaflarlh, dastafidrlha, ostafiarlh. See below. 

patixsay /patixsaylha frazandlh; see duxt, pus, frazand 1 patixsaylha. 

duxt /pus /frazand I patixsaylha: "daughter/son from a marriage cum manu maritr 
(the antithesis of duxt I pus 1 cakar, cakarddt, bayaspan, q. v.); pat patixsaylha 
frazandlh patigriftan (as regards the adoption of a cakar-son by his ca£ar-father 
(= bv the Sfljfcar-husband of his mother). — 2, 4; 3, 11; 26, 11; 28, 8; 29, 7; 31 , 9; 
33, 9; 36, 17; 41, 3; 46, 1; 82, 15; 100, 17; A24, 1—8; A40, 10, 11, 13. — See 
also datastan brat, datastan duxt, datastan pus, datastan x\ ! ah. 

pit I patixsaylha: "legitimate father; patixsay-husbaiid of the person's mother" , as 
against pit 1 cakar {q. v.). This term designates also the person's own father as 
against the adopter, pit 1 patigriftak. — 41, 3 — 4; 70, 13, 15; 101, 1; 110, 16, 17. 

soy I patixsaylha: ''a woman's legitimate husband with whom she has entered into 
patixsaylh (=cum manu mariii) marriage". -— Al, 6. — Cfzan'i patixsaylh a . 

zan I patixsaylha: ''legitimate wife; woman who is her husband's wife in a cum manu 
mariti wedlock'', as against bayaspan, zan 1 cakar, x\-asrdy- (q. v.). — 33. 9; 36, 
2. 16— 17:44.4: 49. 3: 64, 2: 70. 6. 10; 82, 9. 15; 9(1. 14: 101, 5; 103. 2; Al. 3; 
A4. 14, 17; A5. 10, 15: AG, 6 r 14; A7, 13; A40, 4, 12. 14. 

patixSay zanlh; "legitimate wedlock (= cum manu mariti)". — ^tt patixsay et sqq. 

patixsay-kart: "mandate, mandating document"; dip 1 patixsay-kart {q. v.). — 76. 5; 
A3S. 16. 



patixsay kartan: "to empower, entitle". — £ g. 3, 10, 16; 17. 10, 11—12. 13, 15; 
37, 16; 74. 13—15; 76. 5, 10—12; 103, 11; Al, 7; A2, 1, 2; A3, 7, 12, 14; A4, 
3; A7, 1, 12. — Cf. patixsay-kart. 



380 



GLOSSARY 



patixsayomand: "rightful, entitled". — 82, 13; A30, 4. 

patkar: "responding declaration, statement (in court); trial". — 25, 11; 91, 14; A5, 
9. — MMP phyk"r, NP paykar; Arm. payk'ar "dispute", payk'arim "to dispute" 
(Hiibschmanit^G, I, 220). 

patkarftn: 1) "trial; litigation"; 2) "'matter of controversy, a controversial circum- 
stance". — 5, 8; 53, 16; 86, 4, 9. 10, 13, 16. 

patkartan. patkar: "to answer, to object (in court); to litigate; to contend, contro- 
vert"; apar I andar patkartan "to contend for. dispute about, controvert". — 7, 4, 
5: 8, 5; 9, 17; 70, 5; 13, 8; 14. 9; 16. 13; 22. 15; 32, 5; 64, 9; 67, 7; 77, 13, 14, 
17; 83, 3, 5, 10; 85, 14; 93, 1, 3; 95, 7; 102. 6, 10; 106, 10; A6, 11; A17. -I — 6, 
8, 9, 11—13; A18, 3, 5, 7; A22. 2, 3, 5, 9, 11; A24, 13; A27, 16; A31, 2, 13, 16; 
A38, 2. 

patman: "agreement, treaty; condition"; patman kartan "to make an agreement"; 4, 
4; 6, 15, 16; 20, 11; 29, 15; 30, 8; 38, 14; 39, 13; 40, 5; 54, 6, 9, 11; 55, 17; 56, 
15; 58, 4; 59, 2; 64, 11; 67, 3, 13; 68, 1; 71, 8; 89, 12; 90, 14; 108, 9; Al, 3; A7, 
14; A10, 13; A19, 16; A22, 3, 7; A24, 5, 16; A25, 1, 9; A33, 7. — NP payman 
"agreement, contract"; Arm. (from MP) payman "condition, contract; definition; 
limit; measure", paymanem "to make an agreement, engage oneself' 
(Hubschmann.yia 1, 220). Cf past. ' % 

patmutan, parraay-: "to measure". — 105, 4. 

patram: "surrounding people, milieu; people". — ■ A15, 15; A35, 5. — Iran. *pa- 
ti + rama-; cf. MP ram, ramak "herd, flock; crowd, people", Parth. ram. ,,NP 
ram(a), Arm. (from PartrL) eram, eramak "flock, herd; crowd"; (from MP) ram, 
ramik "commoner, plebeian", et al. (See Hubschmann,.4G, I, 147, 233). 

patroc; "daily allowance, daily provisions, rations". — 93, 11. — MMP padrdzag, 
M. Parth. padrdzag (p'drwcg) "day by day, dayly"; see Salemann, Man. IV, 46; 
see also Henning {BBB, 81) who compares this word with Sogd. prmySyy 
"daily*', abandoning his former (Verbum, 230) revision of Salemann's interpreta- 
tion. The comparison with Arm, patru&ak and awrapahik in Sudeb., Gloss., s. v. 
is erroneous. 

patvand: ''relation, family, kinsman, kinship". — 24, 15; 25, 1, 7, 16; 26, 1; 27, 15; 
28, 15; 29, 5; 35, 6, 8; 41, 3, 4; 42, 15; 49, 7; A33, 6; A36, 3. 

payaklha: "gradually". — 79, 13. 

payandan: "warrantor". — 2, 8, 9, 11; 56, 5, 6, 17; 57, 2, 6, 8. 9; 59, 3, 6; 102, 13; 
A32, 5. — NP payandan "warrantor". See also hampdyandan, hampayandanTh, 
payandamh. 

payandanih: "warranty"' also "warrantors (collectively)". — ■ 2, 12; 55, 10; 56, 6, 16; 
57, 15; 89, 2. 

paytak: "obvious, evident"; paytak butan "to be, to become clear". — Passim. — ■ See 
next entry. 

paytak kartan /paytakenltan, paytaken-: "to reveal; to declare". This verb indicates 
an official declaration both at a trial and at the performance of some legal action; 



'lO T 



GLOSSARY 



cf c. g. patjgiriS-n paytakcnltan regarding the official acceptance by the receiving 
party of the declaration of intention of the conveyor during the ac! of transfer. 
Similarly paylak guftan. — 12, 12; 13, 3; 15. 15—17; 17, 8, 15; 18, 3; ID, 17; 
20, 1, 4; 24, 12, 14, 17; 25, \—4, 6; 27, 12; 29, 4, 9—10; 32, 6; 34, 1,3—6, K, 
9, 12, 13; 35, 2, 3, 4; 41, 6, 17; 42, 4; 44, 16, 17; 45, 2, 5, 7, 9, 14, 16; 46, 5—6; 
47, 6, 8; 53, 14; 57, 7; 68, 16; 105, 6; 106, 3; A3, 5, 6; A6, 3; A8, 10; A19, 17; 
A20, 1; A27, 13; A30, 8; A31, 3; A33, 8. — Cf. gofiiXn, guftan, 2 kartan. 

paz(z)aftan, *paz(z)am-: "to pay, redeem". — 54, 8.- — Iran. *pati+zam-, root 
*zam- "to pay 1 ; cf. Av. zsmana- "payment", Afgh. zamns, Sogd. (Mugh) z^nn'k 
"payment". On this root see Schwartz, "Afonumcntum Nyberg", II. (1975). 
196—207. 

pefcak: "estate (social)"; pesak 1 asrawanan "priestly estate. — A27, 6. — See also 
next entry. 

pesak sardar; "head of a social estate". — 2, 1 7 — 3, 1 . 

peSemar: "plaintiff'. — 3, 3; 5, 9, 10; 53, 17; 59, 13; 73, 11, 15, 16; 74, 3 — 6, 8, 9: 

■75, 5, 7, 9; 76, 1, 3, 4, 8; 77, 11, 13, 15, 17; 83, 3, 5, 8, 10—13, 15—17; 84, 2. 

4, 5, 7, 8, 10, 11, 15; 90, 4, 6; 95, 11; 100, 13; 101, 7; 102, 2, 3, 4, 5, 6, 9; 107, 

9, 12, 14; A13, 15, 16; A16, 5; A28, 9; A29, 7; A30, 17; A32, 12. — For the 

etymology see hamemar. Cf. pesemarih, pasemar , pasemarlh . 

peSemarih: "prosecution; prosecuting party". — 44, 6; A28, S, 10; A33, 4, 12, 14. 

peS-t6ziSnIh/paSt6zisnih + : ''the settlement of the debt of a head of household or re- 
linquisher by his heir or by persons having acquired his estate". — 29, 12; 30. 
17; 31, 3. — The interpretation suggested by Pagliaro (RSO XV (1935), 286) 
"advance payment", "pagamento in anticipo" is not acceptable since in all cases 
where this term is used (as well as in all the articles of this chapter of the Law- 
Book) the subject under discussion is that of death-settlements (as well as death- 
claims, see agrapTh) of the dead man's estate. For the formation, see Parth. 
p'sn'm "memory, commemoration" (lit. "after-name'*), MP, NP pasiman. pitman 
"repentance", Ossei. f&smon. Sogd. pysn'm '£ "surname", pysn'myk "copy", et ai. 

pit, pitar: "father". — Passim. — See sisos. v. cakar, patigriftak. patixsayiha. 

pitaran: ''ancestors, forefathers" (on the paternal side). — See apam i pitaran, 
apasek I pitaran, xi'astak i pitaran. 

pur-nay: "of age". — 27. 17: 32. 12. 15; 36. S. 9: 41, 7; 48. 4; 51. 16; 52. 4 — 6; 56. 
13, 14-. 67. 9; 89. 16; 107. 7; A20, 7: A22, 17: A23. 2. 4. 5; A32, 9. 15. — Iran. 
*pma-- aym 1 -. NP burna. Antonym cpurnay. rctak {q. v.). See ti\sa purnoylh. 

purnaylh. "majority, full ace"".— 14. 9; 15, 13: 19, 9: 26. 2. 4: 50, 14—16; 01, 10: 
105, 7; A4, 17; A5. 4; A23, 6: A32, 17. 

pursJSn; "inquiry". — 43, 7. 

purs'Sn-namak: "court record". p.~n. kartan I raScnitan "to draw up; to keep the re- 
cord of court procedure". — 78. 4—5. 7, 14, 15; 98, 4; 100, 7, 11; A13, 13; A15. 
6; A16. 6; A34, 6. 8, 10. 13. 14, 17; A35, 1, 3, 4. — Cf Arm. (Vth C. BiSc) 
p'ursi$ "court procedure, trial". 



382 



GLOSSARY 



pusak: "son: pusakih: "sonship* ' (cf duxtak). — 105, 6, 8, 9; A18, 3, 4; A19, 7. 

pusakanlh: "adoption, adopted sons (collective)". — 33, 6; 41, 4; 50, 17; 70, 1. — 
Cf. patigrifiak. 



R 



raSenltan, ra5en-: "to lead, to conduct; to prepare, to make 7 '; "to submit oneself'; 
ddtastdn raSenltan "to conduct a case (of the judge); grant one's participation at 
a trial, participate in it (of a respondent who does not default, and of a legal rep- 
resentative who is accepted by the judge — after the verification of his man- 
date — to participate in the trial and carries out his functions)"; kahas raSenltan 
"to dig out a canal"; saxvan-ndmak raSenitan "to draw up the record of a court 
case"; var raSenltan "to undergo the ordeal" (= to give oneself up to the ordeal 
procedure; let oneself be subjected to the ordeal; cf. pas(s)dxtan) — Passim — 
Iran. *rad-, Skt. rddh- "to prepare, make ready; to arrange; to grant, to submit 
oneself; to care etc.". Cf. also the next entry. 

ra&enisn: 1) "the conduct of a case, a court trial"; 2) "the regulation, putting in order, 
payment in full, settlement (of a debt)". RaSenisn kartan "to conduct a -'case 
against someone"; ha£ raSenisn histan "to remove from participation in a case"; 
raSenisn I var (q. v.) "the undergoing of the ordeal"; 'nw'n (?) pat raSenisn 
xvastan "to demand the payment of smart money". — 59, 7 — 9, 75, 6, 17; A13, 
8; A15, 6; A31, 5; A32, 9, 11, 13. — Cf. raSenltan. "...' 

raftan, rav-: "to go"; /rac raftan "to die". — Passim — With the sense of "to go to, 
to come to someone (of a thing, guardianship, j/wrship)" apdc 6 bun (q. v.) 
ravet; (sturih) pat raft ddrisn "(the .yfurship) is to be considered as having gone 
to that man". — 25, 1, 8; 27, 1; 28, 15; 29, 5; 35, 6, 8; A31, 14; A36, 2, 3; A39, 
2—3. 

'rah: "road, way". — 19, 7; 57, 4; 106, 17; 107, 1, 2. — See also next entry. 

'rah: "through, by means of, by way of (= Rus. nyme'M, Lat. via); rah 6 ... "the right 
of regression to ...; the right to claim"; rah pat xveslh "to enter into /assume the 
real rights"; pat rah J ... "on the basis of, by way of, through"; pat rah J 
nabdnazdisfth "via kinship line; through agnatic calling"; pat rdh J evido-kasih 
"alone" /"two people jointly" (of the right of acquisition or calling); pat ... rdh 
"by means of, by way of, through"; pat hanjnman tit pat hampursaklh rdh 
"though, by means of the assembling (the witnesses) and an inquiry/ inquest". — 
1, 15; 20, 4; 21, 2; 23, 12; 31, 14; 45, 12; 56, 5—6, 17; 57, 2, 6; 59, 3; 60, 9, 12, 
15, 17; 61, 14; 62, 9, 12, 15; 71, 5; 78, 5; 80, 9, 13, 16; 81, 10, 15; 88, 13; 
A6.9. 10. 

rahlk: "a slave". — A40, 3, 4. — NP rahi: "servant". According to Salemann, Mit- 
telpersisch, § 22b and Bailey, BSOS, VII (1933), 71, hypolhctically from 
*raOyaka- "a chariot-servant"; however, it seems preferable to derive it from 
Iran. *ru8- "lo tic, bind, to fasten together" (Av. ra&-\ rd&man- "attached, adhc- 



383 



GLOSSARY 



rent lo", Air U'h,, 1521 — 1523) willi ihc primary meaning oT the word being 
"Lied", cf hanclak "slave" < ll licd". The spelling Isyk is pscudo-hislorical. 

ramak: "commoners, plebeians". 92, ](). — Cf patram. 

rasltan, ras-: "to reach, lo attain; to go lo". — Passim — apai rasltan 1) "to receive 
back; to receive a compensation": 59, 14 — 16; 63, ];86. If); 102, 13-14: 104, 7: 
Afi, 13; A10, 10; 2) "to be returned" (in particular, of the return or a thing to the 
conveyor): 19, 15; 50, 13; 72, 7— 8; 110, 17; Al, 10, 11, 16; A5, 17— Af>, 1, 3— 
5; 3) "to lack; to be in deficit": 32, 14. 

Vast (adj.): "equal, equivalent (of an exchange), fair, equitable, just". — 31, 6: 37, 3 
8; 82, 11; A5, 9; A31, 10. 

2 rast, rastiha (adv.): "equally". — 55, 11, 17; 96, 5, 8; 105, 4: Alt), 8; A2L 5. 

rastlh: "fairness, equity, justice". — 91, 10. 

rat: "rat" (spiritual master). — 1, 14; 13, 4; 38, 10; 78, 2; 89, 4; 98, 13; I03 r 9: A12 
11; A18, 15, 17; A26, 17; A28, 3; A36, 1; A38, 13; A39, 7. — Av. 2 rata\>-, Ai 
HK., 1498— 1502; Arm. rat. 

rat: 1) "gift, transfer"'. 2) "giver, donor, convever"; mart T rot "donor, giver". — 3: 
3; 53. 15; 54. 4: All, 2; A19. 13; A25, 7; A34 : 1 — Iran. *rdti- (*ra- "to give 
to be generous") Av. ralti- ''gift; generosity"; cf Ski. ratih \)fcm. "gift" 
2) masc. "giver, donor". Cf. also MP rat "generous", NP rad, Arm. arc 
"generous, abundant, plentiful (Hubschmann, A G, I, 107). 

ravak: ''fugitive, runaway". • — A13. 10. 

raxt: "sick". — 108, 8. — Iran. *raxta-, root *rang- "diminish, decrease, suffer dan 
age, wear out (the same root vrith -s- extension in Ski. raksah "damage", cf A 
ras-, rasah-); cf. Afgh. rangai "thin, shallow" (Morgenstierne. EVT, 63). As*, rs 
njyo. MSoed. rync'k "small" (Heiuiing ; BSOAS, XI73 (1945). 482: Gershevitc 
AJiihra. 215). Khot.-5aka arramj- (<*a-ranfaya-) "to press; decrease, diminish 
paramj- (<*pati-ranjaya-) "to decrease, diminish", pdramgga "the decrcasi 
(Emmerick, SGS r 10, 81; Bailey, Prolexis, 181— 1S2). A second possibility- 
Iran. *rang- "to be weary, suffer", cf MP ran} "suffering"; "toil", et al. Cf. h 
raxta ''wounded, sick". However, the given reading and interpretation are hyp 
thetical, the text of the article not being clear to me here. 

raz: vineyard". — A20. 12—14. 

VeS: 1) "damage, loss": 2) "wound". — 105. 17: A14, 15. — Iran. *misa- "damns: 
wound". Iran. *rais- "to cause/suffer damage". Ski. rcsdyat;. risyat; "".'./.". >v.\ 
"damage". See also 'res. 

"reS: "offence of the intentional infliction of physical damage /harm". — Al 4. 1 
A15. 3. — Av. -racsn-. Air JIT?.. I486. 

retak: "boy, youth (minor)". — 87, 12; 103. 7, S; A22, 17; A23. 1—6: A32. : 
16. — Cf. apurnay, apurnnyak. 

riUaklh: "sickness; mutilation". — 33. 14. — Formed from Iran. *rista- (fj-a'ts-). 

rocnk: "day, twenty four hours". — 71. 10. 11. 



3S-J 



GLOSSARY 



ro£ik; "allowance, rations, pay-rations, maintenance"; roilk J zan ut frazand 
"maintenance". — 34, 3; 97, 16. — NP rvzi, Arm. (from MP) ro£ik "pay; daily 
ration, maintenance", Hubschmann^G, I, 234. 

l rackar: "work days (of a slave)". — 12, 4. — See 2 ro£kar. 

Vtickar: "(dairy) allowance". — 86, 5. — Cf. patrol. 

rotpanak: "window". — 19, 1. 

rotastak: "rotastak 31 . — 18, 3. — For the etymology, see Bailey, Stud. on. V. Pisani, 
93. NP rusta; Arab.-Pers. rustaq; cf. Arm rotastak. For other administrative- 
territorial units see s. v. deh, nahang, sahr, tasuk. 

runiSnlh: "tearing out, plucking"; vars runisnih "tearing out of hair", a form of of- 
fence of the lahm category. — A14, 16. — See, rutan. 

riitan, run-: "to deflower". — 73, 9. — Iran. *ru(n)-: ruta- "to pull out, tear out", see 
Geiger, A Locust's Leg, 70 — 75. 

ruvan: "soul"; xvastak ruvan raSlpat ruvan be datan I paytak kai'tan "to institute a 
foundation for the soul*". — 24, 12, 14, 17; 25, 3, 6; 26, I; 27, 12; 29, 3, 9; 
34, 1—6, 8, 9, 12—15; 35, 2, 7, 10, 13, 16; 45, 16; 46, 5, 8; 71, 1, 2; A21, 3; 
A36, 7. — See Perikhanian, VDI (1973/1), 3—24 (with bibliography); 
Obscestvo, 160 — 176. See also ahravdat, divan Ikartakan, l kartak. - 



sahisn guftan/paytakenltan: see, sahistan. 

sahistan, sail-: "seem /consider suitable, valid, approve"; sahisn guftan/paytakenltan 
"to declare one's approval/acceptance of the declaration of intention of the con- 
veyor as regards the conveyance of a thing". Synonym of dosttan [q. v.). — 
29, 14; 34, 5; 44, 3; 46, 3; 54, 13; 66, 2, 10— 13^ 15—17; 67, 1, 2, 4, 7, 8, 11; 
68, 1—3, 7—9, 11, 15, 17; A3, 4; A6, 14; A32, 14; A33, 2, 8, 9.— Iran, 
*sa(n)d~. 

sahman: "border, frontier"; the meanings: "regulation, definition, order" are likewise 
possible. — 79, 15. — Arm. (from PartTL sahman "border, frontier, definition, 
regulation, dogma". NP samdn: "border; order". Iran, *sahman-, root *sa(n)h- 
(See s. v. saxvan); cf. Skt. sasman-. 

sak/*nisak; "tax, duty, tribute"; hangartan ut statan i sak "the assessement and col- 
lection of tax"; sak apar nihatan "to tax". — A26, 13, 17; A27, 12; A28, 5. — 
The reading is not certain because of variant and corrupt (?) spellings (Jj^Ji, 
^J l, ]J*V 3).Cf. Arm. sak "tax, tribute"; NP sav, sa. 

'sar: "summit; end"; pat sar butan "to come to an end, to be completed /concluded"; 
ddtastan sar "the conclusion of a legal case". — 10, 13 — 14, 16 — 17; 11, 3, 14, 
17; 12, 1, 3, 6, 9; 16, 9; A9, 8. 

2 sar: "union, connexion"; pat sar "together"; pat sar daitan "to include, to hold to- 
gether"; pat sar kartan "to join, unite". — A34, 8 — 9; A35, I. — Iran. *sar- "to 



385 



GLOSSARY 



unite, to join". Av. \\ar-, 2 sar- {Air Wb.. 1563 — 156-1); cf. Prirth. pel ... sar 
"together with'", Hcnning, List, 87. In A34, K, sar is given in the ms with the 
help of the hclcrogram LYSH for its homonym '.var "head, summit". 

saray: "hall". — 19, 1. — Iran. *sroda~, NP saray. Jud.-Pcrs. sr'h; Arm. (from 
Parth.) srah, srahak "ai)W): gtou", Hubschmann, AC, 1, 241. 

sardar: "guardian, tutor, irustce"; ataxs sardar /sardar \ ataxs "trustee of a Fire tem- 
ple/altar". — 1, 4, 5; 3, 10, 16; 4, 10; 13, 5—9; 14,7; 15, 4, 5, 10, 12; 16, 2, 
6—8, 11, 13, 15—17; 19, 8; 22, 4, 5, 10, 12; 23, 7, 9; 25, 12; 26, 2, 3, 5, 6, 9, 
11; 27, 2, 6; 28, 1, 4, 17; 29, 5, 9; 33, 16; 34, 3; 36, 3, 4, 6; 44, 6; 46, 9; 48, 3— 
5, 7, 9, 16; 49, 8; 67, 7; 75, 12—14; 89, 17; 94, 4, 6; 103, 7; 107, 3, 8; AJ3, 6. 
7; A14, 3, 10; A3.1, 6, 8; A32, 9—2. Np. salar, (Vth C.) Arm. solar. See also 
next entry. 

sardarih: "guardianship, trusteeship"; ataxs sardarih "trusteeship over a privately 
instituted sacred Fire". — 3, 16; 4, 15—17; 5, 1; 19, 13; 21, 6, 7; 22, 8, 9, 11, 
14—16; 23, 11, 15; 24, 1, 8, 11, 13; 25, 8, 10—17; 26, 5, 6, 8, 12, 13, 15; 27, 2 
3, 5, 8, 14, 17; 28, 1, 2, 5, 10, 12—16; 29, 1, 2, 6, 7, 11; 31, 14; 33, 6; 34, 11 
35, 8, 15; 44, 5; 45, 15, 17; 46, 2; 48, 17; 49, 5, 7; 53, 2; 67, 7; 69, 9; 71. 6 

77, 1; 87, 6, 8— 10; 110, 15; A13, 2, 3. 

sartak (=sardak): "variety", hamsartak. "same, of the same type". — 67, 15, 16. — 
Av. saraSa-; MMP s'rg, Jud.-Pers. srdg "variety". 

sarv: "cypress". — 39, 1; 40, 14. 

sater: "sater; monetary weight unit equivalent to 4 Sasanian drahms". — 73, 7. — 
Spelling styl, Arab-Pers. ister, aster, Khwar. 'strk, 'stryk (Henning, Mittelira- 
nisch, 53), Arm. sater. From Gk. o"caxrip. 

saxtak: "equipped, outfitted, provided for, settled". — 4, 12. 

saxvan: 1) "declaration, testimony, statement (of one of the parties) at a trial": 
2) "trial", cf. gofi; 3) "disposition, injunction, order'; raSenisn J sax\>an 
"testimony at a trial; trial"; sax\>an pat kar raSemian "to testify* at a trial; to par- 
ticipate in a case". — 12, 16; 13, 10; 25, 10; 35, 15; 73, 15. 16: 74. 3, 7: 75. 11: 

78, 7; 91. 4, 5, 7, 9; A21, 6, 8, 10, 12; A26, 3.7. — Formed from Iran. *sa(n)h- 
"to proclaim, establish, determine, indicate" (for the sense of the foot see Ben- 
veniste, Voc. ]-E. f 11. 143— 148; Mayrhofer, Et\>m, H'7j., s.v. samsati. -fasti). See 
next entry. 

saxvan-namak: "record of a legal case, minutes"; sax\<an~namak kartanJ hrltan 
(q. v.). "to draw up a court record /minutes of a trial": sawan-nawak raScnJtan 
1) "to keep /draw up a record /minutes. 2) "to testify for the record"; 3) to par- 
ticipate in a trial". 4. 8; 9. 7. 8: 73, 12 — 14; 74, 1, 4, 9—11: 90, 4: 11)2. 15. 16: 
103, 3 , 4; A28, 8: A31. 17. — Cf. pursisn-namak, 

saxvan-vastaklh; ste vastak, vastakih. 

.sazuklh; "fitness, suitability". — 71. 6. 

sazaktar; "more suitable". — Passim. 

sazistan, sai-: "to be proper, to be fitting". — A14, 6. 



386 



GLOSSARY 



scnak raasuS: see, bazuk masaS. 

sneh: "the weapon (of the crime)". — A14, 15. — Iran. *sna8ya-\ Av. snaiSis- 
"instmment for striking a blow", Air Wb. 1627 — 162S. 

sokand: "oath"'. — 13, 9; 76, 16. — Iran, *saukantavant-, Av. apgm saokantavaitim 
(Vd. 4, 54, 55) "'sulphur water (ordeal)"; NP saugand (xurdan). See Bartholo- 
mae, Zstfll, 10—18. 

spurr butan: "to be fulfilled, concluded, filled". — 85, 12. — Iran. *us+pma~; Arm. 
spar. 

spurrlkih (I sneh): "completeness/perfection (of a weapon)", "the striking, destruc- 
tive character (of a weapon)" — A14, 14. — Iran. *us+prna~, *par- "be full"-. 
Cf. uspurriklh i sneh in DkM 695, 21; 700, 2: 700, 1 — 4 and Ann. sparazenk" 
"outfit of arms". 

sra5: "stake in a judicial wager (in particular in trials by default)". — 11, 9, 14. — 
The spelling is J*U-t? (sr'd). Iran. *srada- "stake, wager, bet"; cf. the forms 
of compounds of this root with da- "to put", Skt sraddha~<s'rad-dhd-, 
Av. zrazda-<*srazda-, Lat. credo <*crezdo (I-E. *kred-dhi\ for the sense of 
"gage, enjeu" of I-E. *kred, see Benveniste, Voc. I-E., 1, 171—179). See also 

SkL (RV, Maitr. Saihh.) srat kar- "to guarantee (with a pledge), to pawn". .On 
the Pahlavi term see Perikhanian. "Mem. J. de Menasce\ 305—3 18. \ 

l Sm:"Sraosa" (ayazata). —36, 1. 

2 Sros: "SraoSa" (day of the month). — 36, 1. 

stapV. "big, large, strong". — 86, 12. 

stahm: "an act of cruelty, of violence". Cf. zahm. — 1, 5; 16, 12. — Iran. *staxman~, 
cf Av. staxra- "strong, hard", AirlVb., 1591; NP sitam. 

stahmakiha: "by force, forcibly". — A30, 7. 

statan, Stan-: "to receive"; apam (be) statan "to receive as a loan"; guharik (be) sta- 
tan "to receive the equivalence /a compensation"; apac statan "to receive 
back". — 9, 14; 13, 14; 28, 11; 34, 13— 14; 38, 11; 40, 9, 11—13, 17; 49, 9— 
10, 12; 57, 5, 7; 59, 2; 76, 5, 10, 12, 14—16; 85, 3; A9, 13, 16, 17; A10, 10; 
A25, 11. 

.stor: "draught cattle". — 18, 10. 

stun: "column, pillar; portico". — 19, 1. 

stur: u stur". Person (woman or man) upon whom is laid the obligation to provide a 
successor for a dead man who left no male issue. Depending on the line of call- 
ing, the following distinction were made. 1) a "natural' 1 (butak) stur (in this 
category are found the epikleros-daughlcr of the deceased, and likewise the de- 
ceased man's widow who entered into a cJa/rar-marriagc with one of his agnates; 
sec, *aydyenlayuyen, cakar); 2) an "instituted" (kartak, q. v.) stur; and 3) an 
"appointed" (gumartak, q. v.) stur. St Or kartan "to institute, establish as a stur; 



\H1 



■GLOSSAJiY 



raOcnisn 1 slur "(lie appointing as shir"; slur a five n "like n ,v/iJr", "on a xtu rship 
basis" (7J. Tlic meaning of (he icrnis tan slur and zcnikhiOiuk slur (sec 4 6, 14 — 
15; 48, 11) is nol quite clear. The latter, however, may be broughL into relation 
with M. Parth. zyn'yy "entrusted things", hwzynyy, Pahl. zen ''watching, care' 
{cf Av. zacnah- "Wachsamkcit etc"), B. Sogd. zynyh (VJ. 1205, 1210), Kh.- 
Sakn yslm(ya), yslnlta "entrusted" (on these words sec Hcnning, BBB, 89; Bai- 
lev', Prolcxis, 295) and signify lit. "entrusted stur\ which will correspond to stui 
1 kartak. If so, tan stur mav be just another designation of the stur 1 butak. — 3 
15; 15, 9; U, 12; 20, 1; 2l", 11—13; 16; 23, 3; 24, 3; 26, 9, 11; 41, 2, 11, 13; 42 
13; 43, 9—11, 13, 15, 16; 44, 8, 14; 46, 4, 11, 12, 14, 15; 47, 4; 48, 5, 7, 9—11 
15, 16; 49. 17; 50, 3, 6, 8, 10; 51, 12: 60, 17; 70, 1. 6; 81, 5, 7—9, 13, 14, 16 
82, 4, 10; 87, 11; 88, 2, 4, 13, 14; 90, 9, 12; 94, 11; 97, 9, 10, 1.2; 100, 17; 109 
4, 5, 7, 10, 13; A5, 12, 13; A14, 7, 8, 10; A27, 17; A3 1, 3; A33, 17; A39, S 
A40, 7, 16, 17. — Av. *stuiri-, cf. ace. sing, stuirlm (< *stuirya~l) in the Avestai 
fragment preserved in the Pahlavi Rivayat Purs. Aturfarnbay, 75, 4. On thi 
term and institution see, Perikhanian, HenningMem. Vol., 351 — 357; Obscestvc 
177—195; Klingenschmitt, MSS, 29 (1971), 136—142. See also stiir-skanc 
sturlh. 

stur-skand: '"a person not fulfilling his/her s(ur-duties 1? ; lit. "the destroyer of th 
■s/urship". The neglect of a dead man's jrurship was considered to be a capiu 
offence. — A15, 11. — Cf. Av. stuirlm *upascinday6\l_ [Purs. Aturfarnbay, 75, - 
Klingenschmitt, MSS, 29 (1971), 136]. See also slur, sturlh. 

sturlh: "'sturshxp*. This term designates both the status or function of a stur (q. v 
and one of the two forms of acquiring and holding an inherited estate (se 
aparmand). In this second sense, sturlh — srwr-possession — is opposed 1 
x\>eslh {q. v.), the prossession of a personal-share of the estate. A s/wr-posessio 
is likewise in antithesis to the holding of a foundation 'Tor the soul" (see ruvan 
Sturlh kartan I 'nltan '"to bear /fulfil the functions of a stur". — 4, 3; 9. 13; 21. 

11, 16. 17; 22, 2, 6; 33. 6; 36. 6, 10, 13, 14; 41. 4— S; 15—17; 42, 2, 3—6, 1: 
43, 1. 5, 6. 10, 13, 14. 16; 44. 2, 4, 6, 16; 45, 1—3, 5, 6, 9, 11—13, 17: 46, 2, . 
7—9. 13, 15; 47, 8, 12—16; 48, 2. 3, 6, 11—13, 17; 49, 3. 9, 16; 50, 1. 5—1. 
14.. 17; 52. 2; 62, 2, 8, 11; 69. 6, 9; 70, 14: 71, 5, 6; 81, 5, 11, 16; 82, 5, 6. 8. 

12, 13. 15—17: 87, 5, 11, 13—16; 88, 3. 5. 6; 90, 3, 8, 10, 11, 13: 96, 4—6, S- 
12:97. 12— 14:100, 1.2: 101.2; 103. 1: 105, 5; 109, 10; AS. 6; A14. S. 9; Al 
S. 13: A17. 1—4. 17: A18. 1. 2: A21, 3: A26. 12: A31, 10. 11, 13—15: A35. 1 
A39. 1. 2.6: A40.S. 



suiomnnd: "advantageous, beneficial". 

sviih lit spctlh: lit. "blackness and whiteness"" (of the hair) — designation serving 
an indication of the age and appearance of a participant in a case, in cot 
documents. — A26, 2. 



3SS 



GLOSSARY 



Sihan Sah: "King of Kings. — 30, 14; 63, 2; 100, 11; A14, 11; A39, 11, 14, 15. 

Sahan sah bandak: "subject of the King of Kings". One of the designations of civic 
status; opposed to slavery. — 1, 1; 20, 9; 31, 17. — OP bandaka — "(a king's) 
subject", see Widengren, Festschr. Leo Brandt, 523. Cf. Dd LVL 2: mart-e(v) 
vehden J dzat I sahan sah bandak "a man of Zoroastrian faith, a citizen with full 
rights and subject of the King of Kings". The opposition between bandak "slave" 
and sahan-sah bandak "citizen, subject of the King of Kings" is also found in the 
Pahlavi Ehrpatistan (ed. Sanjana, fol. 16). Cf also the classical Armenian 
translation of this term in the text of Eznik (TV, 12), ark'ayic' ark'ayi caray. 

Sahlkan: "treasury, royal Use". — 65, 10; 77, 7; A27, 3, 13—15; A28, 2, 4; A39, 1, 9. 

Sahr: "sahr (country, district, city)"; sahriha "throughout the sahrs". — 48, 7, 8; 100, 
5; A34, 17; A35, 2, 4, 6, 8, 10; A38, 17. — see also aril sahr, martlzan Isahr. 

Sahrevar (r5c): "the day Sahrevar". — A29, 11. 

sahrik: "city-dweller, citizen". — 78, 5, 6. 

Sapak: "24 hour day". — A12, 1, 2, 4—7. * 

Sayet (sayistan): "it is allowable", it is lawful". — Passim. 

Setak: "just, righteous, correct". — 79, 8. — Cf Arm. sitak "correct, straight". 

snasakih: "knowledge". — 79, 15; 80, 5, 8. 

snom: see snum. 

Snum: "propitiation, gratification". — 35, 17; 36, 1. — Av. xsnuman-, xsnaoma-, Air 
Wb., 557, 560. Cf Arm. snum, sum, snom. Hiischmann, AG, I, 214. 

son: "order, mode of action". — 11, 12; 31, 1; 55, 14; 58. 17 — Iran. *cyava- 
na-/*syavana-, see Bailey, BSOS, VT (1934), 947; Pagliaro, RSO, XXQ 
(1947), 62. 



Soy: "husband"; pat soy be datan "to give in marriage". — Passim. 

Soy kartan: "to mam-, take a husband". —3, 11, 17; 21, 10, 11, 13, 15; 22, 1—2; 24, 
4 — 6; 25. 6; 30, 14; 32, 12; 41, 12, 14; 51, 14, 15; 62, 14; 63, 1, 4. — Cf zan 
kartan '"to marry, take a wife". The reading kartan (and not griflan) is confirmed 
by examples of phonetic spelling (3, 11, 17; 21, 13, 15; 24. -J — 6). 

Sutan, Sav-: "to set out, to go to". — Passim. — - andar 6 (kas) sutan (of a thing) "to 
go to (someone)"; see e. g. 101, 16; All, 2. — be sutan "to be conveyed, alien- 
ated (of a thing)"; see e. g. 60, 10, 13, 14, 16. — frac sutan, pat baxt Sutan "to 
die"; see e. g. 61, 3; 66, 16; 67, 6; 70, 12. 



380 



GLOSSAIiV 



T 

'tan: "body, self — Passim. — ton pat zanih dnian "to enter inlo a marriage (of .vine 
manu type) without the handing over of the bride by the guardian"; tan pat gat 
datan "to ciUcr into sexual cohabitation or a marriage sine manu mariti (of a 
woman). — A31,7 — 8; tan pat asndk guftan "to identify". — A2G, 5, 6. 

2 tan: "slave"; pat tan patigriftan "to receive as a slave". — 57, 13, 15, 17; 58, 1 — 3, 
7, 9, 11, 15; 72, 12; 89, 2, 3; A13, 11, 12. — Cf. W For the sense "slave", cf 
Gk. ocoun.. 

tarsak: "Christian". — 1,10. MMP trsg, NP tarsa. 

tarsakay: "well-behaved, obedient". Cf. the antithesis atarsakay, atarsakayih "the 
offence of disobedience by a wife". ■ — 33, 9; A6, 1. — The spellings (in the Lw- 
Book and in other tests) are tlsk'diy) I tlsky = tarsakay; tlsk'dyh, ttek'dyyh - tar 
sakaylh; likewise tlsk'syh (<tlsk'dyyh, cf. the spellings gwk's, gwk'syh <gwk 7 dy 
gwk'dyyh = vikay, vikay'ih), whence the spelling "tlsk 'YS= atarsak kas "a persoi 
ignorant of fear", as the result of a secondary analysis by the scribe (e. g. A3, If 
17; A5, 17). The term is evidently composed of Iran. *trsa-+kdy-, cf. Skt. cava, 
l *to perceive, apprehend; to fear, respect", cayamanah, cayuh "Ehrfurci 
bczeugencT, Mayrhofer, Etym. li'o., I, 383), Church-Slav, cajati. Cf. als 
casmakay. 

I tarsakaylh: "good behaviour, obedience"; tarsakaylha "in a well-bahaved manne 

piously 31 . — A5, 13; A7, 5 — 6. See tarsakay, cf. atarsakay, atarsakayih. 

*task/*tasak J ": "rent, lease"; *ias(a)k~ r vicartan "to pay rent", pat *tas(a')k'*' dash 
"to lease; to hold as leased property"; xvastak I *tas{a)k + "a leased thine 
| x\ : astak pat *tas{a)k~ patigriftan "to receive (accept) a thing as a leasehold". ■ 

j 72. 13—16; A25/8— 11; A33 f 1,2. — The spelling is t'/hk. The meaning "re: 

I lease" fits even' context. Consequently it seems possible to relate the given wc 

1 with Aram, tasqaitasqa, an Iranian term in the Babylonian Talmud whi 

likewise has the sense of "rent, lease" as was demonstrated by I. Hahu (Acta / 
tiqua Accademiae Hungaricae. VII, 1959, pp. 149 — 150). Arab, tasq, dern 
from Aramaic, had the same meaning of "rem", cf also Syr. (Bar BaJtalul) ta: 
"tributum". Th. Noldeke (Z4 23. 1907. 147) linked these forms with Gk. tcl) 
Still this derivation is met with a semantic difficulty: alongside with its us 
meaning "arrangement, order", the Greek word meant "assessemenf". as in re 
too tpopo\j ''assesscment of tribuic" (once in Xenophon's Respublico A them 
sium 3, 5), likewise: "list, register", '"account" (Roman Egypt) and is not auc: 
as a designation of "rent, lease" or "taxation" in any written document of ei 
the Hellenistic or the Roman periods. One must look therefore for a diffe 
explanation. Possibly one can posit *cassak(a)- "quarter", an innovation of 
Late Achacmcnian period replacing — as a noun — the older *cassus, 
"(one) fourth" attested in Elam. sa-is-su-is-mas, sa-sv-is-ina tpronoui 
cnsuZ(v)ua; sec K. Hoffmann, 'Viw/tanrc", 1, 183], cf Ay. Za&rusva- . The d< 
opment Late OP *cassak(a)- > KfP task is regular, the shift I- > t- ms a rcsu 



390 



GLOSSARY 



dissimilation is well attested in MMP tis : MP cis "thing", MMP tasom "fourth" 
tasuk ft asofc "district" (Arab, tassuj, Syr. tasuyd) et al. (see P. Tedesco, MO XV, 
1923, 209—211; language, XXI, 1945, 12S — 141). As for the spelling tlhk in 
the present manuscript, it can easily be explained paiaeo graphically as a slight 
distortion of the original *tsk found in an earlier copy. The reading *tak (< Iran. 
*tavaka-/*tahaka-) or *tqhqk (<OP *ta&aka-) is much less likely since these 
models provide no useful associations. 

In the light of this explanation, the original (/. e. Achaemenian) amount of the 
rent must have been a fixed portion — one fourth — ■ of the average income from 
the leased estate. 

tasubay: "measure of punishment equvalent to 4 bays {q. v.)". — A1S, 3. — From 
OP *cassubaga-; Iran. *ca8rubdga-, 

tasuk: "tasuk, district". — 100, 6, 15. — Arab.-Pers. tasuj. 

taSt: "definite". — 5, 10; 13, 15. — From *tasta- "cut off', see Bailey, BSOS, VW2 
(1934), 280— 281. 

tavan, tavanlh: "fine". — 1, 5; 6, 16, 17; 9, 6; 11, 9, 10, 14; 36, 17; 71, 8, 10, 11, 13; 
72, 4 5; 73, 7, 8; 77, 3; 102, 8; A14, 4; A15, 4; A17, 5, 7, 9, 10, 12, 13; A28, 2, 

3.— NP /mwi "fine". 

tavanomand: "obliged to pay a fine". 

tayak: "time, once"; pat ev tayak "at once, at one time, simultaneously". — 40,'; 11; 
81, 4, 11. — Iran. *tava-ka- "piece, bit, time", cf. NP tay\ cf also MP tak "piece, 
unit". 

TTr: "77r (name of a month)". — 35, 10; 37, 14. 

toxmak: "kinship, relationship (agnatic)". — 42, 15 — Iran. *tauxman-, — MMP 
twhmg; NP tuhma, Arm. tohm. Cf. nabanazdist. 

toxtan, t5z-: "to pay off, settle one's debts". — 30, 1, 3, 4, 17; 31, 15; 60, 2, 6, 16; 62, 
15; 63, 5; 69, 15; 76, 4, 5; 89, 9; 107, 4; Al, 16, 17; A25, 12. — Iran. *tug- 
(Skt. tohati "to cause damage, suffering"), Sogd. tv/z-, twy'z "to pay off, to pay", 
NP toxtan "to pay off', Arm. (from Parth.) toyi, tugan "restitution for a loss; fine 
damage, expenses"; tuiem, tuganem "to oblige to pay, to make restitution; to 
fine, punish, tuzim, tuganim"; "to compensate; to pay; to suffer damage". See 
also tozisn, tozisnomand, 

tozisn: "financial obligation; payment"; tozisn 1 pi tar an "inheritance debts"; tozisn 
xvastan "to claim a debt, demand payment"; 6 tozisn matan I rasitan "to be due, 
to be liable for payment"; xvastak-toZisn butan "to be liable for payment (of 
debts; see, 60, 2, 6—7). — 2, 4, 5, 8, 10, 12; 3, 5; 6, 17; 13, 1, 4, 10, 11; 14, 8, 
9, 11; 15, 2, 4, 8, 9, 10, 12; 16, 1, 4; 29, 13, 15; 30, 6, 7, 9, 15, 16; 56, 10; 57, 9; 
59, 7, 12; 13, 15; 60, 2, 6—7, 11, 13—15; 61, 2; 63, 2, 3; 71, 2; 72, 5; 78, 1; 86, 
15; 99, 15, 16; 102, 13; 107, 17; 109, 15; A13, 1; A14, 14, 16; A17, 7, 10, 13; 
A32, 6. — See toxtan, 

tcVJiSnomand: "liable for payment". — 68, 17; 76, 17; 83, 6. 



391 



GLOSSAJiY 



Uivan: ''capable, entitled". — 2, (>. lfi; 6, II. — For synonyms sec .v. v. pniix.yfivih 
Sec also next entry. 

tuviinik; "capable, entitled, solvent"; u (uvanlkih rasitan "to become solvent" (here). 
Cf attan. — 8, 13; 57, 9; 58, 7, 8; 51), 8; 72, 1 2. 



u 

urvar: "plant, vegetation". — 33, 10. 

uskartan, uskar-: "to investigate". — 2, 13; 17, 14; 37, 10; 43, 14: 43, 1; 44, I; 51. 
2; 64, 15; 67, 9; 87 ; 12; A31, 2. — NP sigalidan "to reflect on. ponder, to plan, 
contemplate", Jud.-Pers. VsA'W'to take counsel, to discuss 11 . — Iran. *us+kar- 
, cf. hangartan. 

ustomand: "good, blessed 11 . — 79, 12. ■ — The spelling is "wltt'wmnd: adj. from Av. 
usta- "blessing, fortune (cf also ustatat-, usta.barsti^Air Wb., 417, 418). 

uzdat-namak: "a judicial document on the setting of the ordeal". Cf. namak- 
pas(s)ac. — 78. 14. — Iran. *us+ data-ldati-. Cf Av. uzda-: uzdaia- ''to estab- 
lish, set up, designate, arrange (a religious ceremony: a procedure)". 

uzdehlklh: "alien status, status of a foreigner sojourn in a foreign land 1 '. — 48, 7. 
9. — Av. uzdahya\>- l peregrinus\ — cf adeh'ik. 

uzdes: "idol". — 94, 4; A37, 4. 

uzdes-car: "idol -shrine, heathen temple". — A3 7, 3. — See also next entry. 

uzdes-katak: "house of idols, idol-shrine". — 94, 4. 

uzenak: "expenses. costs 71 . — 6. 9: 30. 7; 33. 12; 34, 2 r 6: 86. 1, 2, 6, 9, 12. 13: 93. 
11; 107, 4: A15, 17; A16, 4. — Cf uzitan. 

uzlt. uzltak; see ozll, ozitak. 

uzitan, uzih-: 1) 'no lapse, expire" (of a lime-limit, term); 2) "to die"; 3) "to spend, to 
use up". — 23. 3; 24. 14; 38, 15: 89, 1. 2; A38, 12. — Iran. *uz + aya~\ MM? 
1 wzyd f Vry/i-: cf also uzeuak (<* uzayanaka- "exit, going out; out come; out lax. 
expense"). NP hazlna "expenses": see Banholomae, MiMund. I, 30—47. 



V 

vac in the technical expressions: vac dot an "to admit to participate in the dron vast 
ritual, or in the praver ritua! before a meal"; vac grifian "to perform a praver. to 
pray", cf c. a. Ph'ir, 39—49, 112—115: SnS 3, 21b; PVd, 16, 11(23). — A35. 
10. — MP vac griftan corresponds to Jud.-Pers. bj st'nyh (=baf stani/i). "saying 
grace": see MacKcnzie, BSOAS. XXXL'2 (196S), 251,' also Bovce and KotwaL 
BSOAS. XXXIV/1 (1971), 56—73. 



392 



GLOSSARY 



vacak: "question; formula; instruction' 1 . — 17, 14; 59, 9; All, 15; A12, 10. 

vahak: "price"; pat vahak ddtan /froxtan: "to sell"; vahak ariistan "to cost be 
worth". — 1, U, 13; 17, 7; 18, 2, 5; 40, 17; 54. 7. 12; 55, 4; 66, 6, 7, 11; 67, 5; 
68, 2, 4. 7, 10, 13, 15; 70, 1; 94, 15; 103, 8, 10; 104, 7; A8, 12: A9, 6; A26, 17; 
A27, 14. — MMP wh'g "purchase, price", NP baha. 

Vahuraan: "Vahuman (day of the month)". —35, 14; 57, 14, 16; A28, 13—15. 

valaS: "dignity, position ' (< "height"); katak-xvatdylhd valaS "dignity (= height of 
position) of the paterfamilias". — 42, 15. — Formed on *vard- "to grow". Av. 
var 3d-, NP bdlldan. 

vani: "annulled; vanished, perished"; vanibut estatdn "to perish, to disappear". — 80, 
13; 99, 5. — MMP wnybwt "annihilated", wnywdyh "destruction, annihilation", 
see Kenning, List, 89. 

var: "ordeal, oath"; var datdn "to grant /-prescribe the ordeal"; var varzitan "to per- 
form, undergo the ordeal; to take an oath"; rdSenisn I var "the undergo- 
ing/arrangement of the ordeal procedure"; ddtastdn pat var mat "the trial has 
reached the stage of the ordeal-court". — 6, 5; 13, 1—3, 5—10, 12, 15; 14, 1 — 
7, 10, 11, 16; 74, 16; 76, 6—8; 78, 16; A12, 11; A13, 17; A19, 5; A23, 7—10, 
14; A27, 8; A28, 7; A32, 7. — Av. 2 varah- "ordeal", root var- "to proclaim|sol- 
emnly", cf. MP(Dk) varastdn "ordeal-court, place of oath and of ordeal", Grm. 
war "oath", Tidgha wor "oath" et al., see Bartholomae, ZsR n, 5 — 36; Bailey, 
TPS (1954), 141 — 142; Prolexis, 78, 311. See below the terms designating va- 
rieties of the ordeal, and also var sarddr, 2 vardmand, varzitan. Cf also pas(s)a£- 
namak, sokand, uiddt-ndmak xvarastdn, zur-xvart. 

"var: "side"; here "litigating party". — A13, 17. — Cf NP var "side". 

var I denik (?); a form of ordeal; cf. denik (?) var, Dkbl 894, 2. — 13, 1. 

var I pat namak-pas(s)ac: the ordeal whose form is indicated in the court document 
prescribing an ordeal. — 78, 16. 

var i pa5 nisan (?): "ordeal with bound feet (?)". — 13, 2—3; 14, 3. — The spelling 
is RGLH w/ns'n; the second word maybe *nisdna-, the participle formed on -na- 
from *ni + ha(y)~ "to tie together, bind". Cf the description in the (long version) 
of the Saugand-ndma of the ordeal procedure during which the feet of the subject 
being tried were bound with the sacred string usually used for tying the branches 
of the barsom. (seePers. Riv. Horm. Fram., 47 — 48). 

var 1 pat sokand: "ordeal with sulphur water". — 13, 9; 78, 16. — See sokand. 

Varahran (ataxs I V.), Varahranlh: "(temple of) the Varahrdn-fa€\ — 26, 17; 27, 1, 
7; 51, 3; 78, 12; 94, 5; 110, 7; A39, 5, 8. 

vary (?): xvdstak I varg (?). — A4, 2. — The reading of the word (w/nlg) is hypo- 
thetical, the meaning unknown. 

'varomand: "questionable, doubtful, to be verified"; antithesis of evar, vdvarlkdn 
(q. v.). — 12, 15;32,7;A16,6. 



303 



GLOSSARY 



"varfimand: ^'subject lo the ordeal"; varnmand kartan "to .subject Id undergo the 
deal". — 8, 17; 33, 12; 78, 9; 92, 2, 9, 10, 15, 16; l )l, 3, 6. 13; 10(1, 10; A15, 
17; A35, 9. — Sec W. 

vars:"hair'\ — A14, 16. 

var-sardar: '"'head ofthc ordeal"; the person (usually a rat) who conducted the ore 
procedure in a special ordeal court (sec xvarastan). — A27, 7. — See also P; 
Yasna 34, 4; 43, 4; 47, 6. 

vartcnltan, varten-: "to turn, to change; to alter; lo revoke"; in particular "to a 
the testimony given at a trial"; — 9, 15; 10, 1. 2, 6; Al, 5; A10, 9; A15, 15 
Iran. *vart- t NP gardanldan; Arm. vert "turn, circle". Sec also, variltan, vas 
vastakTti, vast an. 

variltan, vart-: "to turn, to change". — 9, 1—3; 102, U. — Cf vartenjtan. 

vanz: "cultivation (of the soil)". — 86, 4; A37, 17.— NP van, ban "agricult 
work". 

(var) vanzitan, varz-: "to carry out the ordeal procedure, to undergo the ordeal 
whatever type)"; vanisnlh, verbal noun. — 6, 6; 13, 2, 3, 5, 8, 12, 13, 15; 1' 
4, 6; 76, 7; A19, 5; A23, 7—10, 14; A27, 8. 

vaspuhrakan: "a (son/daughter's) share in the father's estate; dowry". — 4, 11; 
17; 101, 14; 106, 8; AJ, 9, 11. — Lit. "belonging to 'the family's son' (* 
puBra-Y as a personal share in the father's inheritance -* "inherited" ; cf P 
(fromParth.) sephakan "inherited; personal /own (share of a son /daughter ir 
father's estate)". A daughter's share in her father's estate formed her do 
hence the use of this term for "dowry" in both MP (see also PVd., XXV, 15) 
classical Armenian texts. For a detailed analysis of the origin and meanin 
this term (with bibliography), see Perikhanian, REArm. V (196S), 16- 
Obscestvo, 218 — 223. Cf. azatlh, x\>eslh. 

vastrak: "clothing", x\>arisn vt vastrak "maintenance". — 36, 9; A7, 10, A13, 4. 

vastan, vart-: "to turn, to take back; to revoke a transfer, to rescind a disposition 
101, 4; 110, 1. — NP gastan, root *vrt-, see also vartcmian. 

vastaklh, vastak sarvanih: "alteration of testimony, the making of contra dit 
statements at a trial by one of the litigants"; vastak buian **to alter one's s 
ment /testimony". If the final statement was not the truth, an alteration of j 
many was considered lo be a judicial offence. ■ — 8. 6 — 8. 15; 9. 1. 4. 6 — 8 
9; 102. 11; A26, 2. — See vartcnlta/:. vastan. 

vastlh: "sickness". ■ — A13, 4. — Cf. raxt. vemarlh. 

vat-ahang: "ill-intentioned, malicious". — A15, 10. Cf. vatx\>ah. 

vatmartiha raftan: "to be considered an evil man, to be of ill-repute". — A35. 2. 

vatxvah: "ill-intentioned; malice". Offence consisting in a slanderous accus 
brought against the respondent by the plaintiff. This is also mentioned ii 
Denkart (sec c. g. DkAl 550, 20—21). — S3, 11. 16; A32, 11. 



394 



GLOSSARY 



vavarikan: "trustworthy" (also "juridically valid /authentic" as regards a seal or 
document); vavankanih "trustworthiness, authenticity". — 93, 12, 13; 99, 1. — 
Parth. w'wr, w'wryjl "belief, Arm. vcnver, vmverakan "true, valid, authentic, 
authorized", cf also MMP w'wrydn "to believe"'. Cf Av. 2 var- and the stems 
vavar-, vaur-. See Henning, Verbum, 195. 

vax's: "percentage, interest". — 30, 8; 31, 1; 53, 4, 6; 89, 10; 104, 1, 3; AS, 6: A12. 
17; A30, 17; A31, 1. — Av. vaxsa- "increase, interest", AirWb., 1339; cf. also 
MP vaxsakar "usurer", Arm. vaxs "interest 1 , vasxaru "usurer". Cf vaxt. 

vast: "increase, profit"; bar ut vaxt "revenue and profit/ increase. — 35. 10; 72. 14, 
17; 96, 17. — See vaxtan. 

vaxtan, vais-: "to give an increase, to bring profit/revenue". — 72, 16. — Iran. 
*aug- 1 *vag~ '"to grow, increase" ; vaxs- < *vag- +- •$-. 

veh; "(more) virtuous, (more) pious", vehih: "(religious) virtue, piety". — 26, 16. — 
Iran. vahyah-,Air\Vb., 1405; MMP why, wyh, Arm. (from Parth.) veh. 

vehdatastantar. "having the preferential right/the legal advantage". — 6, 5; 13, 7; 
14, 10, 12, 15 — 17. — Cf Lat. optimo iure, optima lege. Cf. also xvat-ddtastdn. 

vehden: "a Zoroastrian". — 61, 1. — Cf. huden, ayden. ' ? [ 

veh vehan; the meaning is unclear. — 65, 17. ^ 

vemarih: "sickness". — 109, 16, 17; 110, 1. — For the etymology (Iran. *dmayava- 
bara- "affliction-bearer") see Gershevitch, Unvala Mem. Vol. 93 — 94. ■*— Syno- 
nyms: raxt, vastih. '■ 

vesak; "slave; servant, menial; household slave" (?); viSak ut ramak varomand ne 
kunisn: "a slave /menial and common man should not be subjected to the or- 
deal". — '92, 10. — The spelling is wysk (wysk in the facsimile, but see Modi's 
correction). Iran. *vaisya-ka-, lit. "belonging to the family 1 ', from Iran, vis- 
"family, clan"; the palatalisation of ~sl~>-s- in the present form points to its 
Middle-Median origin. Cf. Khot.-Saka bisa- "house servant" (Bailey, Prolexis, 
249 — 250). As a semantic parallel cf. OP *garda- "slave", Arm. gerdastanik 
"houseservant, menial; member of the household". Cf also Gk. (Gortyna) 
FotKEuq, Attic oucettic; "house servant; slave", oikeToc;, Ion. oiicr|io<; "of the 
house, familiar, kinsman". 

vesistlh: pat vesistlh "maximum". — A32, 14, 16; A33, 4, 5. — Cf kamistlh. 

vextan: "to redeem, to release from pledge" (from the basic meaning of "to sepa- 
rate'^ "to free, release"); apac vextan l< ia"\ — 37, 14—16; 39, 16.— Iran. 
*vaik- "to separate, sort out, to differentiate", Av. vaek-, NP bextan "to sift". Cf 
the Arm,, loan-word vie "quarrel" vicem "quarrel" (From the basic meaning, "to 
separate; to differ (in opinion from one another)' 1 ; for the semantic development, 
cf French differend "quarrel, dispute". See, however, a different explanation of- 
fered by Bailey, Khotan Saka Diet., 280. 

viciir: "decision, investigation, solution"; pat vicar daxtan "to take up for investiga- 
tion in order to render a decision". — 93, 10. — ■ See viZortan, 



GLOSSARY 



viciirtan, vicar-: 1) "lo pnv up, lo scillc ;i debt lo compcnsrilc/rcimbursc for a loss": 
2J "lo release ("from pledge)"; 3) "lo resolve (a legal case); to render a deci- 
sion". — 2, 7; 3,3, 4; 8, 15; 9, 9, 10; 11, 16; 13, 10. 11; 28, 17; 29, 3; 30, 15; 
35,8; 37, 15, 17; 38, 2, 11, 15; 39,4—6, 12, 16; 40,7, 11; 85, 3, 5; 53, 4,5, 7— 
10; 54, 6; 56, 2, 4, 7, 8, 10; 57, 5; 61, 7, 12; 63, 3, 5; 67, 4; 72, 15; 74, 8; 77, 17; 
83, 10, 15, 16; 86, 17; 89, 14; 93, 1, 2; 99, 16; 102, 13; 104, 1, 2; A15, 5; A25, 
2—5, 9—11; A30, 17; A31, 1. — MP wyPr-, wye'rd "lo decide", Buddh. Sogd. 
wycYt, Chr. Sogd. wycrt "exactly, distinctly", Jud.-Pcrs. bz'rd, NP guzardan "to 
interpret, explain; to fulfil; to pay". Usually analyzed as the compound 
*vi + carya-, root *car-, Av. b kar-, Ski. carati "to be in movement, abide, be oc- 
cupied with" Csee e. g. Salemann, Mittcrlpcrsisch, 229, Hcnning, Verbum, 192); 
cf. Skt vicarati "to separate; to go from place to place; to stray from the path"; 
but in the causative "to move (mentally) in different directions, to reflect, to de- 
cide" (cf the analogous shade of meaning in Lat. versarc), Av. vicarsna- "a 
separation of the ways, a bifurcation" (Airtft., 1437). Although Lat. versare, 
.which is close in meaning to Iran, vicar- was also used to designate the banking 
operation of the transfer of funds, cf. Lat pecuniam versare (cf also Lat. versura 
"exchange; loan") and the figurative Russian "hm ne pa^oiiracb" (= "they will 
not equalize the bill, will not settle their accounts"), such an analysis can only be 
applied with considerable strain to the rich semantic context of the MP verb. 
This fact seemingly led Nyberg (#£., Gloss, s. v. vicarisri) to propose an alternate 
analysis (vi — 2 kar- "gedenkeri") which is, however, less satisfactory than the pre- 
ceding one (Nyberg derived it exclusively from the meaning "to decide"). 1 be- 
lieve that it is possible to suggest here the contamination of two homonymous 
bases. On the basis of the semantic content of the MP verb, it is more convincing 
to suppose the compounding of the preverb vi- with *car- "to detach, to sepa- 
rate", cf Iran. * carman- "hide., skin", Av. carman-, Skt. carman-. As we know, 
Gk. Kpfvco "to separate, to sift; to sort out discern; to judge, decide; to decree; to 
interpret", vcpiai; "judicial investigation; judicial decision, sentence; interpreta- 
tion", vcpi'nic "judge", Lat. cerno (<cr\-no), decerno "to detach, separate, sift; to 
decide, resolve", certus (<*cri-tos) "resolved, determined, certain. trustworthy", 
decretum (a secondary formation on the base crevi) "decision, decree" are all 
formed on the same 1-E root. For the semantic development "to detach, separate, 
resolve /solve" > "to pay; to settle a debt; to release from pledge", cf Gk. v-urn "to 
separate, loosen, untie; to release; to resolve", /.urn; "loosening, resolution; dis- 
solution; release; ransom", XiVrpov "ransom money, ransom; atonement", Lat. 
lucre '"to pay; to atone"; solvere (<se-luerc) "to resolve; to pay"; absofvere "lo 
unbind; to remit (sins) /absolve; to conclude", solutio "'solution; pay", ahsolutio 
"payment; atonement"; MP vcxtan (*vaik-) "to separate, sift; to rclcnsc from 
pledge, redeem", MP histan "to release, dissolve; to release from pledge; to re- 
solve a legal case"; Cf also vicarisn "remission of sins; release" vicni 
"explanation", vicartan "to separate, differentiate; to explain" which are all citcc 
in other Pahlavi texts. The meaning of the Parth. loan words in Axni. vca, 
"payment: compensation; conclusion; ending": vcarem "to conclude; to pay, re 
deem, settle one's accounts, compensate: to release; to untie" (sec Hubschmanr 
AG, 1. 248) arc also instructive. Cf. vicurt. 



3% 



GLOSSARY 



viclr: "decision"; in particular, "judicial decision", "'resolution of a legal case"; viclr 
xvastan "to bring suit in court". — 2, 17; 3, 1—3, 5—7; 4, 9; 7, S, 15; 10, 14 
17; 11, 3, 4, 14, 17; 12, 2, 8; 14, 11, 14, 16; 54, 2; 57, 12; 59, 10; 65. 4; 70, 12 
74, 1; 75, 12; 78, 3; 83, 12, 16; 84, 4; 90, 7; 91, 10; 93, 9, 10; 99, 17; 100, 5 
107, 6, 7; A5, 12, 15; A14, 5; A15 ? 4, 5; A26, 5; A30, 14, 15; A32, 12; A36, 1 
A37, 11; A40, 15. — Iran. *vi-£T-ra-, root *cay- "to put iu a particular order, to 
choose"; cf. Av. vi-tidyai "to distinguish" /"to choose", vi-cira-, Air Wb., 1437 — 
1438; Arm. vcir "judicial decision: end" (Hubschmann, AG, I, 248). See also 
viclrkart. 

"viclr: 1) "agreement, contract"; 2) "document (contractual or judicial)"; vicir kartan 
ut avastan "to draw up and seal a contractual document"; vicir 1 apamdan "a 
loan-agreement; a contractual document regarding a loan". — 2. 1; 18, 12, 14; 
20, 13; 30, 16, 17; 31, 10—12; 32, 5—10; 38, 7, 8; 64, 2; 78, 17; 100, 3; 107, 3, 
6, 7; A6, 14; A14, 5; A26, 6; A28, 7; A33, 10, 15; A34, 2, 4, 5. — See \icir, 
victrkart 

viclrkart: "a judicial sentence; document regarding a judicial decision". — A15, 14; 
A16, 5. — See )-2 v/ci>*. 

vico5isn: "inquest, investigation". — A13, 14; A35, 1. — See vicustan. 

vicurt: "valid, authentic". — 32, 4. — Iran. *vi + car- "to detach, to separate'^ cf. 
Lat. certus "definite, certain, trustworthy, authentic". See s. v. vicartan. 

vicustan, vicoS-: "to investigate; to make an investigation, hold an inquest". — A13, 
14. — Jud.-Pers. bzwb-, NP pizohtdan "to investigate". 

viSanmamh: "nomadism, nomadizing". — 99, 9 — 12. — Lit. "tent-dwelling"; Iran. 
*vidana- "tent". Cf Parth. wd'n "tent", wd'nm'n "nomad", MMP wy'n, NP 
(AsadI) giyan, Arm. (from Parth.) vran "tent". 

*vidastan, *vidar-: "to separate, to divide; to distribute". — 110, 4; A28, 4. — Iran. 
*vi + dar, cf Av. vlSar- "to divide, to distribute, to grant", M. Sogd wfyr- 
"disjoin, hold apart, sort out", see, Gershevitch, MUhra, 182; cf. also Skt. vi- 
dhrti- "division, separation". For the meaning, "to transfer elsewhere" (see 110, 
4), cf Av. vlSaraya£ "hinwegbringen Qber ... zu" (Vd. 2: yahmat haca puQro 
hadm urvanam cinvaLparstum vlSdrayat), Air Wb,, 692. 

vikay: "witness". — 7, 7; 76, 2; 91, 12; 92, 4, 5; 98, 4; 106, 10; 107, 11, 14; 108, 7; 
A10, 13; A15, 5; A25, 16; A29, 7, 8; A38, 15. — Iran. *vi-kaya-; MMP gwg'y 
''witness", NP guvah, Arm. (from Parth.) vkay. See also next entry. 

vikay-druz: "false- witness". — 91, 11. 

vikayih: "witness' statement; testimony". — 73, 4, 6; 93, 13; 98, 2; A14, 13; A29, 9, 
12; A38, 14. 

vimayltan/vimitan, viraay-: "to diminish, to suffer damage". — 9, 7. — Iran. 
*vi + may- (Skt. minati "minuere; to cause damage"); cf. Av. vl-mitay-(vimaiti- 
"damage, destruction", vtmtto.dantan- "with damaged (= decayed) teeth" 
{AirWb., 1450—1451). 

vinahiisn: "injury, offence". — A35; 6. — ■ See vinos. 



397 



GLOSSARY 



vina.s: "damage, harm; offence, crime; guilf. — 1, 5; Id, 12; 29, 6; 33, 12; 73. 1; 78. 
10; 89, 4, 5; 92, 5, 6; 98, 5; 104, «;'A26, 2; A34, 13, 15—17; A35, 5; A3K. 
15. — Iran. *vi + nas- "to disappear, to perish"; MMP wn , h, NP guna/i "sin". 
Arm. (from Parth.) vnas "damage, loss, harm; offence; fault, guilt" 
(Hubschmann, /1G, I, 248 — 249). Cf. also ah ok, reS t vinaskarlh, ziyan. 

vinaskar: offender, criminal". — 78, 8, 9; A15, 4; A34, 14; A35, 7. — MMP wnhgr 
"sinner"; Arm. (from Parth.) vnasakar "harmcr; delinquent". 

vinaskarlh: "offence, crime; fault". — 7, 13, 16; 14, 13; 33, I, 3; 78, 7; 107, 5; A13, 
14; A39, 10, 14; A40, 2, 4. 

vindatan, vind-: "to acquire".— 62, 10; 80, 15; A4, 5; A40, 1.— Iran. *vid-, Ax. 
2 vaed-, vind- "to find, obtain, acquire" (Air Wb. s 1318 — 1320). See also vindisn, 
vindi'knomand. 

vindisn: "revenue; acquisition". — 7, 4; 36, 15, 17; 52, 6; 101, 12, 15; 303, 11, 12; 
Al, 2, 5, 7—9, 11, 13, 15—17; A2, 1, 2, 4, 9, 11—17; A3, 1, 14; A4, 1, 3, 11; 
A7, 12; A10, 17. — See vindatan. Cf. also hatnvindisn, kar-vindisn, vin- 
disndmand t yut-vindisn. 

vindisnemand: "endowed with revenue/ income". — Al, 4. 

vira5isn: "ordering, arranging". — 86, 3. — Cf. virastan. 

*vira5kar ?: "watcher, arranger of order" (?). This term is found in the expression 
*vira5kar bastar "binder of the arranger of order" (?) which designates a type of 
delinquent. The suggested reading and interpretation are hypothetical. • — AlS, 
10. 



virastan, viraS-: "to arrange"; of a document "to formulate". — A16, 16. — Iran. 
*vi + rad- ''to establish in order" /"to arrange, to prepare". 

viropisn: "sweep, dispersal"; hoc pas viropisn 1 giziran "the sweeping, dispersal of 
the guards from their post" — A26, 4, S. — Iran. *vi + raup- "to sweep off"; cf. 
Khot.-Saka burih'dni (<*vi-raup~) "to be destroyed, swept awa) 1 "; Parth. pdrwb- 
"to chase away, put to flight". 

viseh kartan: "to send away; to revoke, annul". — 75, 8: 93, 10; A38, 17. ■ — Iran. 
*vi + said-, Av. saed-: "lo tear apart, to cleave"; cf Parth. wsyd kyrdn "to send 
off: to dispatch; cancel /dissolve", NP guse kardan "to send, dispatch", gusisian 
"to tear (oneself) apart to disconnect; to revoke., annul (a court decision) 1 ". 

Visprat: name of a religious service. — 35. 13 — 15. 

vi'sat: "opened, open" (of a document whose seal has been removed). — 102. 3 6; 103. 
4. — Iran. *vi + ha(y)-/hya- "to tie together" (Ski. vi-syati "to open, to untie"); 
Parth. wysah-, wys'd "to open; to release, to free", NP gusadan "to open". For the 
etymology see in particular Szemerenyi, "Die Sprache"' , 12/2, 196-6, 217; 
Mayrhofer, Etym. Wb. r III, 549—550. 

visuftan, YisojS-: "to be cancelled, to be dissolved, broken" (of contractual rela- 
tions). — 37, 13. — Iran. *vi + xsaub- "to go into motion; be excited, be stirred". 

vitartan. vitir-: "to die". — Passim. 



398 



GLOSSARY 



vitlriSnih: "death"; pat viiiriMh "in case of death". — 43, 13—14, 16. 

vizand: "harm, damage". —46, 3; 53, 14; 72 ? 17. — MMP wzynd, NP guzand. 

vizayltan, vizay-: "to deprive". — 10, 13—15, 17; 11, 1, 3, 4; A33, 4, 10. 13. — 
Baitholomae (SRb., 18; WZKM t XXDC, 17, 20; ZsR III, 51—55) read this verb as 
viiastan, viSay- (< *vi+jad- *io ask") comparing it with Lat. obrogare {legem). 
"to cancel, annul" [this was accepted by Pagliaro, see RSO, XXIV (1949), 125— 
129], But in his translations of articles from the Law-Book, Bartholomae gave to 
the MP verb the sense "stdren (to disturb, hinder; to upset)", which cannot be 
derived from the etymological analysis proposed by him. Whatever the etymol- 
ogy of the MP verb, its comparison with LaL obrogare is unacceptable because 
the Latin verb has a specific origin: it arose as the antithesis of the Roman roga- 
tio, the special act of request of the presentation of the draft of a law for the ap- 
proval of the senate, and it is not attested outside of this specific context. As for 
the meaning "to disturb", it cannot be reconciled with the root *Jad- nor with the 
contexts and their grammatical constructions (u-m pasemar hac ddrisn I ha£-is 
viiayet, u-m pasemar ha6 pat xves'Th dastan vizdyet, to ha£ en xvdstak/had-iS ne 
vizay om; td ddtastdn sar bdvet ma vizay). The meaning "to deprive" suits all the 
contexts; the meaning "to remove from (the possession of a thing") may likewise 
be substituted. On this basis the MP form vizay- may be derived from Iran.: *vf 
+zdy-, cf Skt. jdhati "to (be) deprive(d), to leave, to abandon, to separate 
(oneself) from" (I-E *ghe-, ghei-), and specifically from the causative stem *vf - 
zdyaya- with the transitive sense of "to deprive, bar from, sever". Cf Parth- 
wzyh-, wyz'd "to abandon", Parth. zys- "to renounce" (inchoative), Gk* xaCco 
(kekcLStiocd, KEKa5d)v) "to deprive", yj[poq "deprived, emptied; widowed, or- 
phaned". This explanation which was already suggested by me in REArm., V 
(1968), 10—11, is not, however, the only one possible. The given verbal form 
may equally be derived from *}ay-/*Jya- t Skt. *ji-/jya-, cf. jinati, jdyati (= Av. 
jayai, Air Wb., 605), jtyate, jltd- "to take by force, overpower, suppress, jam. 
injure" (I-E. *gueia-), especially from the palatalized variant (*zdy-/*zya-) of 
this root in Iranian for which (as well as for the Ski. jinati) the meaning "to take 
away" and "to deprive someone of something" is attested. Cf e. g. Av zind[ in Y 
11, 5: yd mam tat draono zindt vd trajydt vd apa vd ydsaiti "whoever shall de- 
prive me of this share (of the animal sacrifice), (whether he) steal (it) or take it 
away...". [Here "to steal" and "to take away" are specifications of the broader 
verb "to deprive"; this formulation in the Avestan text is in complete agreement 
with Ancient Iranian law which made a rigorous difference between theft, as the 
seizure of another man's property by stealth, through deceit, and robbery, as 
forcible seizure taking place openly). OP dina-, dlta- "to take away", MSogd, 
zyn-, zyt- "to' take away, to deprive", KhoL-Saka ysdn-, ysdta- "to take away by 
force" (Bailey, Prolexis, 292—293; Emmerick, SGS, 112), BalocI zin-, zita "to 
seize, to tear out, to take away by force" may also be pointed out. See also Bur- 
row, JAOS, 79/4 (1959), 255—260. Cf. vizltan. 

vizitan, vizln-: "to bring a loss, to cause damage". — A28, 4. — Iran. *vi + zyd~ "to 
cause damage", Av. zya, OP diyd-; for the compound with w- cf Arm. vzean, 
vzenak "loss, fine" < Parth. *viziydn, Iran. *vizydna-. 



399 



GLOSS AID' 



vizutan, vi/.hy-: "to diminish, decrease" — A15, f>; Alf>. (■>. — I r;i n . *vi-javaya-. 
Iran. *gav- "lo grow, lo incrcasc'7"lo lessen decrease", cf. Parth. u>£'V 
"diminution*", prg'w- "be insufficient". 

*viza5; sec niiaS. 



X 

xan, xanak: "house, family"; xan ut x\ , as!ak "farmstead, estate"; andar xanak 1 pi- 
taran zat, cf andar dutak zat — 19, 2, 7; 24, 3; 23, 10; 41, 13; 44, 8; 86, 2 — 4. 
8; 110, 10;A30, 8. 

xanlk: "spring, source". — 85,4. 

xar: "donkey*'. —102, 3, 4, 6, 8; A19, 10. 

xonsand/xunsand butan: "to be satisfied, to declare one's satisfaction with a court 
decision", xonsandih "satisfaction; declaration of the litigating parties of their 
satisfaction". — 2, 17; 3, 1,2,4,5, 12,4,2, 13; 36, 3, 4; 40, 16; 49, 16; 56, 17; 
58, 14; 69. 5; 75, 5, 6; 87. 4; 89, 16; 90, 8; 95, 1; A4, 7. 9; A26, 5. — Iran. 
*hu Ihva + ni-sanda-] MMP hwnsnd "satisfied, pleased" 7 , Sogd. xwsndy 
"satisfaction", NP xorsand, Synonyms: xvasiuk, x\>astuklh\ antonyms: naklra{k), 
axunsand, axunsandlh, mih. 

Xordat (roc): "the dayXordaf. — A23, 8. 

xritaklh: "purchase. — 102, 10. — Cf. xriian, xritarlh,frdxian. 

xritan, xrin-: "to bin - "; apac xrltan "to redeem", pat vahak xr'itan "to buy". — 7. 5, 
6; 38, 2; 103, 8," 10; 106, 2; 109. 5, 6; A8, 17: A9, 6; A26, 17; A27, 12: A38, 5, 
6. 

xritarih: "purchase; purchased". — 6, 8. 

xun: "blood; bloodshed". Variety of offence of the zahm group. — A14. 16. 

xunsand; see xonsand. 

xvah: "sister". —A3 1, 12—15. 

xvahisn: "demand, claim, suit action". — 3, 5; 21. 7, 8; 43, 2. 5, 6; 49, 16; 5S : 11; 
101. 6; A14 : 5; A16, 17; A33. 15. — Cf. x\>asian, x\<5starih. 

xvap: "good, lawful, valid": pat x\ -ap dastan "to consider valid, lawful". This term is 
pan of the formula of verbal agreements: cf. .wajf. — 4. 6: 15, 14: Hi, 8; 22. 2: 
28, 14; 35. 1, 3; 36, 4; 43, 7, 15, 16; 47, 11; 51, 10; 57, 16: 63. 5, 8; 64. 2: GG, 
13; 68, 11; 75, 1, 8, 13, 14; 78, 2; 93 ? 1; 94, 14; 106, 10; A14, 6: A18. 7. 

xvarastin: "ordeal-court".— 8, 15, 17; 57. 3; 65, 4; A12, 12. — Iran. 
*x\>ara + stana- "place of oatli-taking"; *xvara- is .formed on the root *xvar~ "to 
swear" (l.-E. *sver-, cf. Engl, wear, Germ, schwfiren, Schwur), sec Bartholo- 
mae. ZsR IV, 3S — 42. For Iran. *x\>ar- 'to swear" cf also zur-x\<art "fals^c oath" 
{q. v.). Iran, *ka-x\>arda- l*ka-x\>ardl- "sorcerer/ sorceress", found in Av. kn- 



400 



GLOSSAKT 



xvaraSa-. ka-x\>ardiSi- and in Ann. (from Parth.) kaxard "sorcerer /sorceress", 
may contain a base of this root with ~d-/-dh- extension as the second element of 
the compound: in this case, the compound designates the person uttering evil 
conjurations. Cf however, other explanations "how black!" (Bartholomae, Air 
Wb. 462) and "what a shouter/ howler!" (Schwartz, Henn. Mem Vol., 389 — 
391). This root can unquestionably be identified in Osset ardxxryn "to swear an 
oath". The Ossetic expression cannot be compared with NP saugand xordan (cf. 
Abaew, HEDO. I, 60 — 61) and cannot mean "to eat an oath". Nor did the Per- 
sian idiom ever have such a meaning: its literal sense is "to swallow /drink sul- 
phur (water)" and it describes the sulphur-water ordeal which was one variety 
only of oath-taking. Primarily, MP sokand (>NP saugand) meant "sulphur"' 
(Iran. *saukant~, Av. saokanta-, cf. apam saokantavaitim, V. 4, 54, 58; AirWb., 
1550), the meaning "oath" having arisen secondarily from this specific usage; 
whereas in Oss. ardxsryn the verb continuing Iran. *hvar- is construed with ard 
'oath' < *arta- "flttness; what fits", also "order, truth; right". Here the meaning 
"oath" has developed from the basic "fitted/right word" (see Bailey, ZP, XXX) 
and a comparison with Skt rtdm am(i)- "to swear an oath" [Skt am(i)-: Gk. 
ouvuui] suggests itself. On Skt am{t)~ and its derivatives (e. g. samama- 
"contractual oath") as well as on rtdm with vad- bru~, kr~ "to swear an oath" 
and dnrtam "perjury" (used with sap- and kr-) see K. Hoffmann, "Aufsdtze", I, 
288 — 305. Cf. also Lat. iurare "to swear", iusiurandum "oath". [According to 
Benveniste (Vocabulaire, I, 166) rtdm amisva means "jure par le rta\" (="en 
prenant pour garant le rta"). Such an interpretation, however, seems.; less con- 
vincing, Ham functioning rather as the direct object of the verb in this phrase- 
ological unit]. One has good reasons to believe that the ancient Iranian verb 
*hvar- "to swear" survives in Oss. ardxaayn. — See also var. 

xvarisn: "maintenance, support"; likewise; xvarisn ut darisn (q. v.), xvarisn ut vas- 
trak (q. v.), parvarisn (q. v.) ut xvarisn ut vastrak. — 30, 10; 32, 11 — 13; 33, 2, 
12; 36, 9; A7, 9. — See Bartholomae, ZsR V, 6—8. See also Fr. i aim, XXV, 6. 
With xvarisn ut vastrak cf. Arm. rofikk 1 ew handerjagink 1, "rations and outfit- 
ting/clothes-money". , 

xvartar: "heavier, more severe" (of a blow). — 92, 1; 97, 2. 

*ivasrayonIh: form of marriage sine manu mariti, synonym of *bayaspdn (q. v.). — 
41, 10. — The spelling -*o\ fvO "o f conceals a learned word borrowed from 
the Avesta (missing in the extant text) which is attested also outside the Lawbook 
(Fr. J olm 2f; Riv. Em. Asav, XLIfl; Riv. Aturfarn. 111). As to its reading and in- 
terpretation several suggestions have been already made, none of them conclu- 
sive. J. deMenasce [RHR, 162 (1962), 75, 81 — 82] read tentatively a-nisrdyen, 
from Av. ni-sray- (AirWb., 1638) interpreting the word in the sense of "le fait de 
n'etre pas conjoint", which is hardly defendable. The hypothesis of Klin- 
genschmitt \MSS, 29 (1971), 168] restoring Av. *xvasaraenl- < *xvasar(a)- 
"eigene Mut habend" seems unacceptable if only because of the absence in Ira- 
nian of *sara- with the meaning of "guardianship". In MP sardar cited by Klin- 
genschmitt the first member of the compound is *sara(h)- "head, summit" and 
the word means lit. "who keeps the summit, the upper rank, the top posi- 



401 



GLOSSARY 



lion" > "chief, commander", whence iis ordinary (and primary) use for "military 
chief, commander", the sense of "guardian" being a secondary one fin paiixsayJh 
marriage a father or a husband, apart from presiding over ihc cult and other 
family activities, had the power over the women and the minors and thus func- 
tioned as the family's "head" or "chief). Besides, K's reconstruction leaves un- 
accountable the length of the vowel (-a-) in the syllable preceding the suffixa- 
tion. Proceeding from the gloss in Fr. I oim 2f where the term is explained as 
duxt-e(y) ke soyxvat kvnet, as well as from the resemblance between this type of 
marriage and the Indian svayamvara, I explained the word as a formation on the 
base *sray- 1) "to lean, lo rely upon; 2) to trust, to entrust 1 ' (in Pahlavi transla- 
tion of the Avesta verbal derivatives of sray- arc often rendered by apaspartan 
"to convey"). The reading proposed was xw'sl(=r)'yri or xwsPywn "(a girl) con- 
veying/entrusting herself (into marriage)". See Henning Mem Vol., 350 — 351. 
The difficulty here is that for * sray- the meaning "to entrust" is attested in me- 
dial forms only {cf. also Skt. frayana-), whereas the spelling points to a long 
vowel in the radical. My next proposal was to see here a compound with *srad- 
"stake in a wager, gage": xwsVdyn <Av. *xvasra8aenl- "engaging herself" = 
"conveying herself (in marriage)". Still this reconstruction is likewise vulnerable 
on formal (= morphological) grounds. I now think it safer to transliterate the 
word as xwsVywn, with |-.r-| standing for Av. -8- (which is normal in Pahlavi, cf. 

'" *slwri = adravan-, 'yslp'ytys^ aeBrapaitis etc.). The Avestan original might be 
restored as *xva&rayaom-, that is xva- compounded with a feminine noun 
*8rayaonT- of which the masc. form Brayavan- "having /earning the (divine) 
protection", an epithet of adravan-, is attested (see Yt 5, 86; 14, 56). The radical 

r is Iran. * Braiy)-, Skt. trayate "to protect, to take care of. It is well represented 
in the Avesta, e. g. Bratar- "protector guardian" : (fern.) BraBrl- (= Skt. tratr- : 
tratrl-), Brail- "protection", Brayo.driyu- "who takes care of the poor". As to the 
formation, cf Skt magha\>an- : (fern.) maghoni-, Av. maga\>an-, myazda\-an- 
araBax'an- etc. The proper sense of Av. *x\>aBrayaom-, Pahl. x\-'asraydn, thai of 
"taking care of herself', "acting as her own guardian", does not seem unsuitable. 
Note that in a Pers. Rivayat (Bartholomae, Zend-Handschriftcn, 131) the 
x\'asraydn -wife is described as xud sdlar zan. On this type of marriage , see mv 
Obscestvo, 106— 111. 

xvastak: '"thing, property, res" (in certain contexts this term may also signify 
"money"); xan ut xvastak "house and estate", xvastak J rase! "bona ad\>enticin'\ 
as against xvastak J mat "present possessions"; xvastak J apamdan (q. v.) "debt"; 
x\>astak J ruvan ''foundation /endowed estate 'for the soul'"; x\>astnk J 
varomandlh "questionable property' 1 (= property the title to which is not 
clear). — Passim. — Cf. cis, (h)er. gehan. 

xvastakdar: "heir" (but not necessarily the successor of the da cuius). — 2. 5; 25. 4. 
5; 29. 16; 58, 15; 60, S, 9, 16; 61." 4, 6. 10, 11: 66, 4, 13, 14, 16. 17; 67, II: 77. 
8; 99, 15; Al, 15; A13, 6; A32, 6—7; A33, 1, 11, 12, 15. — Arm. (from MP) 
xosiakdar "heir" (in a broad sense). 

xvastakdarih: 1) "inheritance; inherited possession /estate"; 2) "status of heir; the 
heirs (collectively)". — 59, 11, 17; 60. 5—7. 10, 12, 14; 61, 2, 8, 10, 11, 15; 62, 
4,6.7. 13; 69, 14. 



402 



GLOSSARY 



xvastan, xvah-: "to claim, to request; to sue; to call to"; apdc xvastan "to demand 
reimbursement" (of a regression). —2, 3, 6, 16; 6, 14; 11, 1; 15, 3, 4, 9—11; 16, 
1, 6, 7. 13; 23, 13; 30, 2; 38, 8; 39, 13, 15; 40, 1, 6; 85, 6; 41, 4, 15; 42, 12; 43, 
2-^\ 44, 2; 49, 3, 7; 53, 5, 8, 9, 13; 54, 16, 17; 55, 12; 56, 1, 3—5, 11, 12; 57, 
9; 58, I, 4, 5, 10; 13, 14; 59, 13—16; 60, U, 13, 14; 62, 16, 17; 63, 3; 68, 5; 75, 
12; 76. 5, 10, 12, 13; 77, 9; 86, 7, 14, 17; 87, 14; 88, 3; 90, 7; 102, 7; AD, 4; 
A12, 8. 9; A13, 8, 9; A26, 12; A30, 11; A32, 1, 12; A33, 14. — Iran. *xvaz- Cf 
Arm. (from Parth.) dataxaz "plaintiff, accuser" (Iran. *data-+xvdza-). Cf. also 
xvahisn. xvdstdrih, 

xvastaiih: "a clairru demand". — 53, 5, 10; 54, 1. 

xvastuk: "agreeing; confessing". — 14, 8, 10; 15, 12; 16, 11, 15, 16; 77, 11; 92, 5; 
A31, 1. — Iran *hu/hva-stu(y)-aka-, MacKenzde, BSOAS, XXXU2 (1968), 253. 
Arm. xostuk "avowing, confessing; vouching for, warranting", NP xostu (legal) 
"having confessed (to a crime)". 

xvastuldh: "agreement; confession, avowal; warranty". — .16, 11, 15; 77, 9; 107, 3, 
5, 8; A26, 3; A28, 5. 

xvas: "good, it is good". Formula pronounced by one of the parties in confirmation of 
a verbal agreement; cf. xvap. — A10, 17; All, 4, 5, 8. — See ZsR I, 15— 2Q. 

'xvatay: "master (of a slave)" — 1, 4, 5, 16; 33, 13; 39, 3, 4; 97, 4; 98, 6; 101, 9, 16; 
106, 1—3; A2, 2; A3, 13; A31, 16; A32, 1. — Iran. *xva-tdvan-, Norn. Sg. 
*xva-tava, cf. Sogd. xwt'w. i , 

2 xvatay: "the god Ohrmizd". — 35, 17. — See preceding entry. 

xyatay-dusmanlh: "evil intent, hostility toward one's master". An offence. — RA34, 
10,12. 

xvataylh: "reign". — 1, 2; A38, 9. 

xves: "own". When applied to things, it designates any lawful possession of a thing 
irrespective of the type of title to it, held by the person. Therefore the designation 
xves "own" could represent both the most characteristic and widespread type of 
real right in antiquity — a personally inherited possession on the basis -of one's 
personal share in the father's estate, and the holding of a temporary title to a 
thing — even an altogether precarious one such as, for instance, that of a manda- 
tary over a thing entrusted to him by the giver of the mandate. The following us- 
ages can also be noted in the Law-Book: an I xves" "a relative, kinsman"; xves 
b titan "to belong (on any legal basis)"; xvii dastan "to own by right"; xveS kar- 
tan J kar ut kirpak "the fulfilment of a duty of religious virtue"; xves pat-is kar- 
tan "to declare the transfer of a thing into ownership; to transfer the title to a 
thing". — e. g. 1, 10; 5, 9, 10, 12, 15, 17; 6, 1, 3, 4, 6; 9, 3, 4; 10, 12, 14, 16, 
17; 11, 2; 17, 2, 3—5; 33, 15; 47, 10—11; 110, 6—7. — Iran. *xvaipa&ya-, Av. 
xvae-pai&ya-, OP (h)uvaipasiya- "own, personal"; cf also {h)uvaipa$iyam kar- 
"proprium facere; to make one's own", in a predicative construction. See Ben- 
veniste, Problemes, I, 301—307. Cf. xveSlh. 

xveiavand: "agnate, relative"; xvesdvandlh "relations, kinsfolk". — 22, 12; 44, 2; 87, 
12, 13; 88, 3; 89, 1; 94, 5; A6, 13; A30, 9. — cf nahanazdist. 



403 



GLOSSAJIY 



xvcsih: "belonging of a thing lo the person", "real rights" in general (on whatever le- 
gal basis), whence aSvcnuk J xvcs'ih-a5\'Cnak i duti '"variety or real right". In 
this sense of a lawful possession of the thing by the person the term is opposed to 
de facto possession" (dan'sn). But the term appears most frequently as the desig- 
nation of one of the two varieties of lawful holding of inherited property (sec 
aparmand, azatlh, vaspuhrakan) — possession on the basis of one's personal title 
as against 5/ur-posscssion {sec slur, stilrih). It was also used to designate any ac- 
quisiton of property (likewise by transfer) as the personal share of the acquirer 
with right of transmission to his persona! successors, pat azatlh ut xveslh daslan 
"to hold (a thing) on the basis of a personal and inherited title (/. e. to be passed 
on to one's successors) pat vaspuhrakan xveslh (D/t/W 748, 14 — 15), cf. Arm, se- 
phakan azatut'iwn. In its special sense of "personal inherited holding", xveslh is 
opposed both to 5-fur-possession and to any other variety of real right. — 2, 2; 5, 
4, 10, 15, 16; 7, 1; 9, 15; 10, 7, 17; 11, 4, 10, 15; 17, 6, 16; 18, 2, 5; 19, 3; 20, 4. 
14, 17; 21, 1, 17; 30, 14; 38, 17; 41, 13, 17; 44, 9, 17; 45, 4, 5; 46, 3; 47, 13, 14: 
48, 14, 16; 50, 2; 51, 16; 52, 2; 55, 4; 60, 4; 61, 13, 14; 62, 7, 8; 63, 2; 66. 6, 16: 
67, 5; 68, 2, 7; 69, 8; 76, 11—14; 82, 7; 83, 5; 85, 16; 89, 13; 90, 16; 91, 4; 94, 
13—15; 95, 4; 96, 8; 101, 4; 103, 13; A4, 8, 9; AS, 16; A6, 13; A8. 7, 13; A17. 
17; A18, 1, 2; A21, 3; A24, 9—12; A25, 16; A27, 16; A29, 7; A37, 16. 17; 
A39, 6; A40, 8. — Cf. x\>es. On the legal value of xves, x\>eslh see "Obscestvo"', 
129—142. 

xveskar: "duty"; lis 1 x\>eskar, lit. "an obligation thing" = a thing confirming and 
guaranteeing the debt obligation of the mandator or the right of regression by the 
mandatary. — 38,1. 

'-'rveskarlh: "obligation, function". — 80, 6; A26, 15, 16; A38 r 16. 



Y 

yam: 1) "vessel"; 2) "pledge-deposit". — 102, 2. — For the second meaning cf 
Iso'b., VII,. §§1 — 3 where mdna 'Vessel" is given as a pledged object. A vessel 
was a symbol of moveable property (hence convenient for deposit) as against 
immoveable wealth. Cf also ydmdar "pledge-holder" (? see, e. g. DkM 1\6 7 17), 
yamdarlh "pledge-deposit" (g. v.). Cf. also Arm. (Bible) yanmvC arnum "to bor- 
row" lit. "to take as a vessel, an utensil; to take on the basis of a vessel, an 
utensil"), vancri!'/' tain "to give as a loan". See also yamak, yamdarlh. 

! vamak: "clothing". — 73, 10. 

"yamak: 1) "vessel"; 2) "deposit"; in particular "pledge-deposit" (presented in 
court). — A26, 4, 8; A27, 11; A30, 12. 13. — See, yam. 

yam durlh: "pledge-deposit" (?). — 83, 4. — See. yam. 

Vast: name of the liturgy. — 35, 13, 14; 36, 1. 

yaJstun, yaz-: "to perform a religious ritual"; hamakdun yastan "to perform a religious 
service with full rites". — 35, 14, 16; 36, 1; 109, 14, 15. — Arm. (from PartfO 



An a 



GLOSSARY 



yazcrn, yast (Hubschmann, AG, I, 197 — 198); cf also Arm. hamakdan (EHSc 
V a). Cf yazihitan, yazifri. 

yiitakgoj} (=yatagofJ): "advocate, legal representative' 1 ; formally opposed to 
x mdtakvar "the principal litigant"; ydtakgdp gumartan I kartan "to appoint as 
representative"; ydtakgdp patigrijlan "to admit a litigant's representative to par- 
ticipation in a case" (the admission was authorized bv the judges after the verifi- 
cation of his mandate). — 16. 11; 74, 16. 17; 75. 1— 11, 13, 15, 17; 76, 1, 9; 77, 
12, 15; 78, 1, 16, 17; 93, 16; 94, 2; 106.. 11; A29, 7, 8; A32, 1; A33, 6. — Iran. 
*ydtagauba-, *ydta- "share, part; causa". Bartholomae, ZsR TV 55 — 57. Arm. 
(from MP)Jatagov (see s. v. driyosdn) "advocate, representative"'. For the for- 
mation cf the MP synonym, ydtavdc', Dkivl 700, 6—9. Cf. also ^dastapar, 
yatakgoJ3anak,yatakgoP~ih. 

yatakgoflanak: "relating to (legal) representation'; adjective from ydtakgdp. — 
74, 12. 

yatakgoplh: "(legal) representation"; pat yatakgoplh patigrijian: "to admit as repre- 
sentative for participation in a case". — 75, 16; 76, 2, 3; 93, 8, 15, 17; 94, 1; 
A29 ,9. — See ydtakgdp. 

yat-gehan = Av. yatam gaeQanara: ("property-share"); see, Vd. 19, 29; Afrin., 3, 11; 
Fr. Tolm, 4f — A27, 7. 

yatuk: "sorcerer, sorceress".— 78, 10; A15, 11, 15; A38, 13. — MMP j'dwg, NP 
jddu. See next entry. 

yatuklh: "sorcery", "sorcerers (collectively)". —78, 10; A15, 11, 15; A38, 13. 

yavetanak, yavetanik: "forever"; as regards the transfer of property. Opposed to id 
ziwandakih "for life". — 19, 3; 28, 11; 80, 15. 

yazdan-dusmanlh: "hostility, evil-intent toward the gods" (offence). — A34, 9, 
11. — • Cf xvatdy-dusmanih. 

yazihitan; "to be performed" (of religious ritual). — 35, 14. — szeyastan. 

yazisn: "religious ritual, performance of religious rituals, liturgy". — 29, 10; 34, 1,3, 
6, 8, 9, 15; 35, 2, 7, 10—12, 16; A27, 8. — Cf. ayazisn. 

yazisn-namak: "document concerning the ordeal/oath". — A13, 7; A27, 8. 

yoy: "irrigation channel". — 19, 6. 

yumay: "jointly, together". — 65, 2, 6, 7, 10; 70, 7. — Synonym: dkanen. 

yutiklh: "separation"; pat yutdkth '"separately". — Passim. 

vut-ditastan, yut-dutastanih: "disagreement in opinions, judgements". — 20, 10; 
32, 1; All, 16; A15, 7. 

yut-kamak: "disagreement". — 67, 12. 

yut-vindisn: "possession of a separate revenue/income". — Al, 12. — Cf. hamvin- 
disn, v'mdisn. 

yut-yut: "separately, apart". — Passim. — Antonym: dkanen. 



405 



GLOSSARY 



zahaklh: "direct succession via kinship", — 60, 17. 

'zaman: "time, term, limit"; andar zaman "at once"; brin zaman/dat zaman "a set 
time-limit /term" . — Passim. 

2 zaman: "court session, terminus"; zaman 1 6 dastafiar "court session with the par- 
ticipation of the (entitled) person who disposed of the disputed thing and is able 
to confirm the title of the respondent"; zaman 1 6 evarih "(supplementary) court- 
session (arranged) to demonstrate the authenticity of the testimony of one of the 
litigating parties (usually at its demand cf zaman ] a dastafiar)"; zaman karian 
"to appoint, arrange a court-session"; zaman xvastan I datan "to demand/assign, 
arrange a court-session". — 3, 8; 5, 5, 11—16; 6, 10; 7, 6; 8, 10, 11; 84, 7, 9; 
A12, 12; A13, 16; A15, 7—8; A25, 17. — Bartholomae, ZsR IV, 29, 52—53. 

zamic: "land, plot of land". — 37, 13. 

zamlk: "land". — 19, 5—7; 33, 10, 38, 5; 55, 7; 85, 4, 8, 9; 105, 10; 106, 12; A20, 
12, 14; A30, 16; A3 7, 3,6. 

zan: "woman, wife". — Passim. 

zan I sahr: "female-citizen; country /townswoman". — 82, 11, 14. ■ — Cf. mart I sahr. 

zan kartan: "to take a wife, to many". — 26, 3; 44, 13. — Cf. soy karian. 

zandikih: "Manichaeanism; heresy". — A38, 16, 17. ■ — Aim. (Eznik, Elis&, 
V Century) zandik "Manichaean". 

zandlk-r65isnlh: "spread, propagation of Manichaeanism or of heretical teachings". 
Offence. — A38, 17. 

zanlh: "marriage"; hat zarilh hittan "to dissolve a marriage, to divorce"; 6 zanlh 
matan "to enter into a marriage"* (of a woman); pat zanlh andar suran "to emer 
into a marriage" (of a woman): tan 6/pat zanlh datan "to enter into a marriage 
sine manu" (of a woman); patixsaylha zanlh (see patixsayih). — 3, 9, 12, 15; 4-, 
1, 2, 11—16; 5, 1; 10, 9; 12, 3, S;*21, 6; 22, 7; 23, 3; 25, 9; 36, 3, 4. 12. 14, 15 ; 
42, 10; 44. 11; 48, 6; 50, 11—12; 83, 13—15; 84, 4; 87, 4, 7, 8, 17; 89.' 17; 95, 
7; 106, 8; Al, 2; A2, 8, 10; A18, 9, ll,12;A20/9, 10; A24, 14, 15; A40, 10, 12. 

zarr: "gold". — 17, 16, 17; 18. 4, 5. 

zarren: "golden: gold". — 104, 9, 11. 12, 14. 

'zatan. zan-: "to strike a blow: to commit an act of physical violence. — 10. 10; 91 . 
17; 92. 7, S. 11— 15. — Iran. *gan-. 

"*zatan, *zam-; see 'ozatan. 

'zatan, zay-: "to be born". — Passim. — Iran. *zan~. 

2 zatan, zay-: "to inherit"; apar zatnn ";U". — 51, 13; 52. 12, 16; 90, 13. 14. 17. — - 
In the manuscript this verb is given by means of the heterogram for its homonynn 
zatan "to be born". Iran. *za(\-)-. zata-Izlta, Skl.jahati (l.-E. *ghc-, glici-) "to 



406 



GLOSSARY 



deprive, be deprived; to leave, abandon, separate (oneself)". As regards the 
meaning "to inherit", the following may be pointed to: Lat heres "heir" 
(*gh£ro + e- do- "das verwaiste Gut an sich nehmend", Pokorny 418 — 4-19) be- 
side Gk. x*lpct "orphan, widow", xnpcaoTriq "collateral heir"; for a semantic pa- 
rallel cf. the derivations from the I-E. synonym *orbh- "to be deprived": Goth, 
arbi "inheritance", Germ. Erbe "heir", erben "to inherit" beside Gk. optpavo; 
"deprived, empty, deserted, orphaned", Arm, orb "orphan", Lat. orbus "depri- 
ved, orphan" (see in particular, Benveniste, Vocabulaire, I, 83 — 85). Cf. the Ira- 
nian derivations from the root *za(y)-, Arm. (from Parth.) zat "except, sepa- 
rately" {cf Gk. xtoptc; "except for, separately") zatakan "separating, separate, 
released /free", zaiem, zatanem, zatnum "to separate, to release /free", MP azafih 
(q. v.). Arm. azatut'iwn "inheritance" (Iran. *a+zata-) t NP (prop, n.) Bayazid, 
lit. "successor", Arm. payazat "successor, heir", payazatem "to inherit, to suc- 
ceed to", pay azatut'iwn "succession", Osset bajzdddag "successor, descendant", 
alongside bazzajyn "to remain" (Iran. *updya-zata-/zlta-, cf Germ. Nachlass), 
MP vizayttan "to deprive" (q. v.) et al. [see Perikhanian, REArm., V (1968), 9— 
16]. With apar zdtan "to inherit", cf also apar mandan "to inherit", aparmand 
"inheritance" (q. v.). 

zendan: "prison"; 6 zendan kartan "to emprison". — 73, 2; A13, 13, 15; A28, Hy 14, 
16, 17; A29, 1, 3 — 5. See also zendantk, zenddnpan. ,., % 

zendanlk: "prisoner". — A13, 9, 10. 

zendanpan: "warden, governor of a prison". — A13, 9, 11; A26, 6; A28, 11, 1 : 2, 15; 
A29, 2, 5. '^ 

zenlk/denlk. See stur, hambay. 

ziyan: "damage, harm"; a-pat-ziydn - apeziydn {q. v.) — 28, 16, 17; 29, 1, 3; 35, 7; 
39, 11: 74, 5, 8; A28, 2, 3;A30, 16; A31, 11; A37, 6. — Iran. *zydna-/zydni- 
{*zyd- ' : to harm"), Av. zydnd-, NP ziyan. See also next entry. Cf vinas. 

ziyanak: "damage harm"; pat ziyanak: "causing losses; in detriment". — 102, 5. 

zur-vikay: "false-witness". — A15, 10.— Cf vikay-druz. 

zur-xvart: "false-oath". Offence. — 27, 6. — Iran. *zurah +xvartafi-, root xvar- "to 
swear", see s. v. xvarastdn. For the composition cf Av. zurojata-, zuro.barsta- 
(AirWb., 1698), Arm. (from Parth.) zrpart "slander, slanderer", zrpartem, "to 
slander" = Iran. *zurah +prtu- "false accusation; slander". 

zyfinak: "woman, wife"; paired with merak {q. v.), — 4, 5, 15; 32, 5, 6; 44, 5; 45, 6, 
8; 50. 8— II; 64,